Former Special Counsel Jack Smith’s legal team has reacted to the probe into potential violations of the Hatch Act over his investigations of President Donald Trump, calling the basis “imaginary and unfounded.”
Newsweek reached out to The Office of the Special Counsel (OSC) via email Tuesday night for comment.
President Donald Trump has long accused the Biden administration of weaponizing the federal government against him with “witch hunts”, including Smith’s investigations into him related to the 2020 election and classified documents.
The OSC confirmed that it had opened an inquiry into Smith after a referral from Republican Senator Tom Cotton of Arkansas, alleging that Smith had violated the Hatch Act by taking steps in the prosecutions of Trump that Cotton said could influence the 2024 election.
The inquiry raised questions about the boundaries between criminal prosecution and political activity during election seasons, as well as the OSC’s role when allegations involve career prosecutors rather than policy appointees. The matter carried implications for how future special counsel and Department of Justice (DOJ) actions involving candidates might be scrutinized under the Hatch Act.
According to the Associated Press, citing a letter written by Smith’s lawyers, the attorneys told the acting head of the OSC, Jamieson Greer, that the probe into Smith was “wholly without merit.”
“Mr. Smith’s actions as Special Counsel were consistent with the decisions of a prosecutor who has devoted his career to following the facts and the law, without fear or favor and without regard for the political consequences, not because of them,” Smith’s lawyers, Lanny Breuer and Peter Koski, said, the AP reports.
The OSC is a separate agency from the DOJ’s special counsel office that Smith once led. It enforces the Hatch Act, which limits certain political activities by federal employees.
“A review of the record and procedural history demonstrates the opposite — Mr. Smith was fiercely committed to making prosecutorial decisions based solely on the evidence, he steadfastly followed applicable Department of Justice guidelines and the Principles of Federal Prosecution, and he did not let the pending election influence his investigative or prosecutorial decision-making,” Smith’s lawyers said.
“The predicate for this investigation,” Smith’s legal team wrote, “is imaginary and unfounded.”
Cotton on X on Tuesday: “Jack Smith admitted that he rushed his final report out to try to influence the election. And now he’s complaining about a ‘weaponized’ investigation? What a partisan hack.”
Republican Congressman Lance Gooden of Texas on X this month: “CNN says there is no evidence of Joe Biden’s DOJ being weaponized against President Trump. Mar-a-Lago raid? Jack Smith? The list goes on and on. It’s no wonder the fake news ratings continue to plummet!”
The OSC’s inquiry could take months to complete and would involve review of records and potentially witness interviews, OSC procedures for Hatch Act matters show.
