Jack Smith’s legal team just threw a haymaker at a Department of Justice watchdog investigation, calling it a baseless political stunt, as Breitbart reports. The probe, sparked by Sen. Tom Cotton’s referral, questions the legitimacy of Smith’s prosecutions of President Donald Trump. It’s a classic case of the left’s lawfare tactics getting called out.
Smith’s attorneys, in a fiery letter, defended his two-year investigation and prosecution of Trump during the Biden administration. The former special counsel brought two indictments against Trump: one for allegedly mishandling national defense information under the Espionage Act and another for supposedly trying to subvert the 2020 election. Both cases were dropped after Trump’s 2024 victory, respecting DOJ policy against prosecuting sitting presidents.
Sen. Tom Cotton, a staunch conservative, triggered this investigation by alleging Smith’s actions were not only baseless but meant to sway the 2024 election. He pointed to possible violations of the Hatch Act, which bars federal employees from political activities. Cotton’s move has put Smith’s progressive agenda under a much-needed microscope.
The letter, penned by Covington and Burling attorneys Lanny Breuer and Peter Koski, was obtained by Fox News and ABC News. “The predicate for this investigation is imaginary and unfounded,” they declared. Sounds like the left’s usual playbook: scream innocence when caught red-handed.
Smith’s team insists he was “fiercely committed” to evidence-based decisions, following DOJ guidelines without election influence. That’s a bold claim for a prosecutor whose cases conveniently targeted a political opponent. The timing of those indictments raises eyebrows, no matter how much they protest.
The Hatch Act looms large here, as Cotton’s referral suggests Smith’s actions may have crossed legal lines. If true, this isn’t just about sloppy lawyering—it’s about weaponizing the DOJ against political foes. That’s a dangerous precedent conservatives have long warned about.
The Office of Special Counsel, now led by acting head Jamieson Greer, confirmed in July 2025 that it was probing Smith’s conduct. This investigation isn’t some fringe conspiracy -- it’s a government watchdog holding a powerful figure accountable. The left may cry foul, but transparency is long overdue.
Smith’s attorneys argue he followed the facts and law “without fear or favor.” Yet, their defense feels like a scripted deflection from the progressive establishment. If Smith’s actions were so pure, why the need for such a vigorous defense?
The letter demands that the OSC engage with Smith’s team to ensure a “fully informed” investigation. That’s a polite way of saying they’re worried about what might come to light. Accountability isn’t something the left typically welcomes with open arms.
Smith’s two-year crusade against Trump fits a broader pattern of DOJ overreach under Biden. From targeting parents at school board meetings to now, this, the department’s been a political cudgel. Conservatives have every right to demand answers.
The Espionage Act indictment accused Trump of mishandling national defense information -- a charge that reeks of selective prosecution. Meanwhile, others in Washington skate free for similar or worse. The double standard is glaring.
The second indictment, claiming Trump tried to subvert the 2020 election, was another stretch. Smith’s team calls it evidence-based, but conservatives see it as a desperate attempt to kneecap a political juggernaut. The DOJ’s track record doesn’t inspire confidence.
Sen. Cotton’s referral is a bold stand against what many see as lawfare run amok. The Hatch Act isn’t just a suggestion -- it’s a guardrail against politicizing federal power. Smith’s actions, if proven improper, could set a chilling precedent.
Smith’s attorneys conclude by insisting on dialogue with the OSC to shape any findings. That’s less about cooperation and more about damage control. The truth, as conservatives know, tends to slip out despite the spin.
This probe is a wake-up call: the DOJ isn’t above scrutiny, no matter how loudly progressives protest. Cotton’s push and the OSC’s investigation signal that conservatives won’t let weaponized lawfare slide. It’s time to drain the swamp, one probe at a time.
