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3h ago

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

They argue that treating routine court filings as political activity would undermine the Justice Department’s ability to prosecute public officials.

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)
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)

Overview

  • The Office of Special Counsel opened the probe after Sen. Tom Cotton’s referral alleging Smith timed prosecutions to influence the 2024 election.
  • In an Aug. 25 letter to acting OSC chief Jamieson Greer, attorneys Lanny Breuer and Peter Koski called the allegations meritless and said the watchdog has not contacted Smith or his team.
  • The response defends expedited appeals and proposed trial schedules as standard, court-approved prosecutorial steps rather than election-related conduct.
  • Smith’s two federal cases against President Trump, covering efforts to overturn the 2020 election and the handling of classified documents, were dropped after Trump’s reelection under DOJ policy barring prosecution of a sitting president.
  • Ethics experts questioned applying the Hatch Act in this context, and the OSC, an independent watchdog separate from DOJ, declined to comment as the inquiry continues.