Executive Summary
The Story So Far
Why This Matters
Who Thinks What?
Former special counsel Jack Smith’s legal team has strongly refuted a federal watchdog investigation into his prosecutions of President Donald Trump, labeling the accusations as “imaginary and unfounded.” In a letter dated Monday, Smith’s attorneys provided his first direct response to claims from conservative lawmakers and media outlets alleging that his investigations were politically motivated.
Attorneys Lanny Breuer and Peter Koski asserted that Smith adhered to “well-established legal principles” during his investigations into Trump. They noted that courts overseeing the resulting prosecutions have already dismissed similar “spurious allegations” regarding the propriety of Smith’s handling of the cases.
Smith led two federal criminal cases against Trump: one concerning the alleged mishandling of classified documents and another related to efforts to overturn the results of the 2020 presidential election. These high-profile cases have been central to political discourse.
The Watchdog Investigation
The letter was addressed to Jamieson Greer, who heads the Office of the Special Counsel, an independent watchdog agency distinct from Smith’s former office. Greer’s office launched its investigation to determine if Smith engaged in improper political activities through his prosecutions of Trump.
The investigation became public following claims by Republican Sen. Tom Cotton of Arkansas, who alleged that Smith “used his DOJ role to influence the election” in favor of the Biden-Harris 2024 presidential campaigns. These accusations suggest a partisan motivation behind Smith’s actions.
Smith’s attorneys further argued that the investigation is “premised on a partisan complaint that suggests the ordinary operation of the criminal justice system should be disrupted by the whims of a political contest.” They concluded that “the notion that justice should yield to politics is antithetical to the rule of law.”
As the federal watchdog’s inquiry proceeds, Jack Smith’s legal team maintains a firm defense of his conduct, characterizing the allegations against him as baseless and politically driven. The ongoing investigation underscores the contentious nature of the legal actions taken against President Trump.
