Former Special Counsel Jack Smith lashed out at the Office of Special Counsel for its investigation into his possible violations of the Hatch Act and illegal political activity.
Earlier this month it was reported that the Office of Special Counsel has launched an investigation into Jack Smith for possible violations of the Hatch Act and illegal political activity.
Jack Smith was appointed as Special Counsel in 2022 by Joe Biden’s Attorney General Merrick Garland to investigate Trump just one day after Trump announced his 2024 bid for the White House.
The Office of Special Counsel opened the investigation after Senator Tom Cotton earlier sent a letter alleging Jack Smith’s actions politically harmed Trump during the 2024 election.
“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,” Jack Smith’s attorneys wrote in a letter obtained by ABC News.
Excerpt from ABC News:
Attorneys representing former special counsel Jack Smith hit back Tuesday at reports of a recently announced watchdog investigation into his prosecutions of President Donald Trump, describing the reasoning for the probe as baseless and partisan.
“The predicate for this investigation is imaginary and unfounded,” said Covington and Burling attorneys Lanny Breuer and Peter Koski in their letter to acting Office of Special Counsel Jamieson Greer, which was obtained by ABC News.
The Office of Special Counsel — which is a separate watchdog agency from the special counsel position Smith held under the auspices of the Justice Department — confirmed late last month it was investigating Smith after receiving a referral from Republican Sen. Tom Cotton.
Tuesday’s letter notes that since Greer’s announcement of his office’s ethics investigation of Smith, he has not yet attempted to directly contact Smith for cooperation with the probe.
Smith’s attorneys also note the unusual nature of the investigation being led by OSC, which traditionally has no role in probing the actions of federal prosecutors.
“We are aware of no court decision, prior Office of Special Counsel finding, or other authority interpreting the Hatch Act to prohibit prosecutors from investigating allegations of criminal conduct committed by former public officials or candidates for public office, or prosecuting those cases when the facts and law so dictate,” the letter stated.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Last summer Judge Aileen Cannon dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
In a separate case in Washington DC, Jack Smith indicted Trump on four counts: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Jack Smith’s DC case was dismissed after President Trump won the 2024 presidential election.
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