Former special adviser Jack Smith reacted on Tuesday through his lawyer to the news that a governmental watchdog has initiated an investigation into two prosecutions involving President Donald Trump. Smith’s camp described the inquiry as baseless.
In a letter, Smith’s lawyers from Covington & Burling communicated with the Office of Special Counsel (OSC), stating that the grounds for the investigation were “unfounded and groundless.” They emphasized that Smith adhered to all relevant Department of Justice guidelines while performing his duties.
“Mr. Smith’s actions as a special advisor were consistent with the prosecutor’s commitment to pursuing the facts and the law,” the letter asserted.
The OSC, which functions independently from Smith’s previous work at the Department of Justice, oversees complaints from government whistleblowers and examines Hatch Act violations. They can impose administrative penalties, like fines or job dismissals, on government employees for misconduct. Recently, it was confirmed that the OSC is looking into Smith under the Hatch Act, which restricts certain federal workers from engaging in political activities during work hours.
This investigation launched after Senator Tom Cotton, a Republican from Arkansas, requested that the OSC examine whether Smith’s legal actions were aimed at furthering Trump’s prosecution.
“A lot of what Smith has done seems to lack any legitimate rationale and instead appears to aim at influencing the 2024 election,” Cotton noted in his letter.
Smith’s inquiry into Trump spanned about two years during the Biden administration, during which he filed two charges against Trump related to mishandling national defense information and attempts to undermine the 2020 election. However, Smith ultimately dropped both cases following Trump’s victory in the 2024 election.
In response to Cotton’s claims, Smith’s lawyers clarified that the activities mentioned, including requests to shift cases to court and file extended briefs, are standard prosecutor behaviors.
They asserted, “The investigation relies on partisan grievances that suggest the normal functions of the justice system should be disrupted by political motivations,” referencing that such assumptions can be misleading.
They also addressed the OSC, requesting that the office contact them before proceeding further with the investigation into Smith.
