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Jack Smith’s Lawyers Denounce Hatch Act Inquiry as ‘Imaginary’

The response follows an OSC review launched after a referral from Sen. Tom Cotton.

FILE - The U.S. Department of Justice logo is seen on a podium before a press conference, May 6, 2025, at the Justice Department in Washington. (AP Photo/Julia Demaree Nikhinson, File)
President Donald Trump listens as he meets with South Korean President Lee Jae Myung in the Oval Office of the White House, Monday, Aug. 25, 2025, in Washington. (AP Photo/Alex Brandon)
FILE - Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. (AP Photo/J. Scott Applewhite, File)
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Overview

  • In a letter to acting OSC chief Jamieson Greer, attorneys Lanny Breuer and Peter Koski call the probe wholly without merit and say Smith’s charging decisions followed evidence and DOJ guidelines.
  • The lawyers write that Greer’s office has not sought Smith’s cooperation since announcing the ethics review.
  • They argue no court ruling or OSC precedent applies the Hatch Act to prosecutors’ investigative or charging decisions and warn such a novel view could hinder Justice Department work.
  • The independent OSC confirmed last month it opened the inquiry after Cotton alleged Smith tried to affect the 2024 election by fast-tracking cases, including seeking early Supreme Court review.
  • Smith brought election-interference and classified-documents cases in 2023 and later dismissed both following Trump’s victory under DOJ policy barring the prosecution of a sitting president.