A federal investigation targeting former special counsel Jack Smith’s handling of two prosecutions against President Donald Trump is based on “imaginary and unfounded” claims, Smith’s attorneys said in a letter obtained by CNN.
The letter, dated Monday, marks the first public response from Smith’s legal team to accusations raised by conservative lawmakers and media outlets — as well as comments from the current attorney general.
Smith had led two federal criminal cases against Trump: one involving allegations of mishandling classified documents, and another focused on Trump’s actions after the 2020 presidential election. Both cases were dropped after Trump returned to the White House.
“Mr. Smith followed well-established legal principles in conducting the investigations into President Trump, and the courts presiding over the resulting prosecutions have already rejected the spurious allegations that the manner in which Mr. Smith prosecuted these cases was somehow improper,” attorneys Lanny Breuer and Peter Koski wrote.
The New York Times first reported the letter.
It was addressed to Jamieson Greer, head of the Office of the Special Counsel, an independent watchdog that is separate from the office Smith previously led. Trump appointed Greer as acting chief after dismissing the prior head, who had been appointed by President Joe Biden to a five-year term.
Greer’s office is examining whether Smith improperly engaged in political activity through his prosecutions of Trump. The investigation came to light after Republican Sen. Tom Cotton of Arkansas alleged that “Smith used his DOJ role to influence the election” in favor of Biden and Vice President Kamala Harris during their 2024 campaign.
Smith’s attorneys argued that the inquiry 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.”
“But the notion that justice should yield to politics is antithetical to the rule of law,” the letter continued.
The Office of Special Counsel declined to comment.
