Jack Smith's Attorneys Slam OSC Probe as Baseless and Partisan
"The predicate for this investigation is imaginary and unfounded," attorneys Lanny Breuer and Peter Koski wrote.
Former Special Counsel Jack Smith's legal team fired back at the Office of Special Counsel's Hatch Act investigation, calling it "imaginary and unfounded" in a letter to acting OSC head Jamieson Greer.
"The predicate for this investigation is imaginary and unfounded," attorneys Lanny Breuer and Peter Koski wrote, asserting Smith made decisions based solely on evidence, followed DOJ guidelines, and avoided election influence. They noted OSC's unusual role in probing prosecutors and lack of prior precedent for such Hatch Act interpretations.
The probe, launched August 2, 2025, followed Sen. Tom Cotton's referral alleging Smith's actions aided Biden-Harris campaigns by interfering in the 2024 election. OSC confirmed the inquiry into potential Hatch Act violations, which restrict federal employees' political activities. As Smith no longer holds federal employment, penalties remain unclear.
Appointed by AG Merrick Garland in November 2022, days after President Trump's 2024 announcement, Smith led two probes. In June 2023, he indicted President Trump on 37 counts in Florida for retaining classified documents at Mar-a-Lago, including Espionage Act violations. Judge Aileen Cannon dismissed the case in July 2024, citing unlawful appointment.
In Washington, D.C., Smith charged President Trump with four counts related to 2020 election subversion. The case was dropped post-2024 victory due to DOJ policy against prosecuting sitting presidents. Smith resigned January 10, 2025, after submitting a final report.
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