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3w ago

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

In a letter to acting OSC chief Jamieson Greer, Smith’s attorneys argue routine prosecutorial steps are not political activity and ask to be consulted before any finding.

Image
This combination of pictures created on November 14, 2024 shows then-U.S. President-elect Donald Trump on November 13, 2024, and then-Special Counsel Jack Smith on June 9, 2023.
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)

Overview

  • The U.S. Office of Special Counsel confirmed it opened a Hatch Act review after a referral from Sen. Tom Cotton and has not announced any findings.
  • In a three-page letter, attorneys Lanny Breuer and Peter Koski say Smith’s decisions were guided by evidence and Justice Department rules, not the 2024 campaign.
  • The lawyers contend the OSC has no precedent for policing career prosecutors’ court filings as political acts and warn such a stance would hinder criminal enforcement.
  • Cotton alleges Smith tried to fast-track the Trump cases to influence the election, citing expedited court requests and an early bid for Supreme Court review.
  • Smith brought two federal cases against President Donald Trump in 2023 and dropped them after Trump’s reelection under DOJ policy; his team notes courts rejected claims of improper conduct and asks the OSC to engage with them as the review, which could take months, proceeds.