Overview

• The Office of Special Counsel opened an inquiry after Sen. Tom Cotton alleged Jack Smith tried to influence the 2024 election by fast‑tracking Trump prosecutions, including seeking expedited court review.
• In a three‑page letter, attorneys Lanny Breuer and Peter Koski rejected the premise of the probe and said Smith’s steps were routine, apolitical, and accepted by the courts under DOJ guidelines.
• Smith’s lawyers said the watchdog has not contacted them for cooperation and asked to be engaged before any findings are issued.
• Ethics experts quoted in coverage said applying the Hatch Act to prosecutors’ filings is unlikely, noting scant precedent for treating litigation strategy as political activity.
• The OSC process is administrative and could take months, and Smith had already ended both Trump cases after the 2024 election under DOJ policy barring prosecution of a sitting president.