Former special counsel Jack Smith is claiming through his attorneys that his two prosecutions of President Donald Trump prior to the 2024 election were by the book and that he did nothing wrong.
The response in letter form was initiated Tuesday following reports that a government watchdog under the auspices of the Department of Justice had opened an investigation into Smith on the grounds his prosecutions against the president were baseless.
“The predicate for this investigation is imaginary and unfounded,” said Covington and Burling attorneys Lanny Breuer and Peter Koski in their letter.
The correspondence, obtained by Fox News and ABC News, was directed to acting Office of Special Counsel (OSC) Jamieson Greer. The OSC confirmed late last month it was investigating Smith after receiving a referral from Sen. Tom Cotton (R-AK).
According to ABC, the letter continued:
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.
It added, according to Fox, “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.”
Sen. Cotton argued that Smith’s legal actions had “no rationale” except to serve as lawfare to affect the 2024 election and deny Trump the presidency. As Breitbart News reported, the senator called that a violation of federal law, including the Hatch Act which prohibits federal employees from engaging in political activities.
As Fox reported:
Smith spent about two years investigating and prosecuting Trump during the Biden administration. He brought two indictments against Trump, one alleging he violated the Espionage Act by mishandling national defense information and another alleging he attempted to subvert the 2020 election.
Smith dismissed both cases after Trump won the 2024 election, action that was consistent with a longstanding DOJ practice against prosecuting sitting presidents.
The letter by Smith’s attorneys concluded, “In light of the unprecedented nature of this investigation, if you intend to go forward with this in any way, we insist that you engage with us so that any finding by the Office of Special Counsel is fully informed by the record.”
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