Lawyers for former U.S. special counsel Jack Smith have rejected the basis of a federal ethics investigation into their client, calling the probe "imaginary and unfounded" in a three-page letter sent to acting Office of Special Counsel head Jamieson Greer on 26 Aug. 2025. The OSC opened the inquiry this month after Sen. Tom Cotton asked the watchdog to examine whether Smith’s 2023 criminal cases against then-candidate Donald Trump violated the Hatch Act, which bars partisan political activity by federal employees. Smith’s attorneys, Lanny Breuer and Peter Koski of Covington & Burling, argued that no court or agency has ever interpreted the statute to forbid prosecutors from pursuing evidence against political figures and that Smith “steadfastly followed applicable Department of Justice guidelines.” Smith, appointed by Attorney General Merrick Garland in late 2022, charged Trump in two separate matters: a 37-count classified-documents indictment in Miami and a four-count conspiracy case tied to efforts to overturn the 2020 election. Both prosecutions were abandoned after Trump won the 2024 presidential race, following longstanding Justice Department policy against indicting a sitting president. The lawyers noted the OSC, which typically polices civil-service personnel, rarely scrutinizes federal prosecutors and has yet to contact Smith directly. They asked the watchdog to provide them input before releasing any findings, warning that an expansive reading of the Hatch Act could undermine future enforcement of federal criminal laws.