Jack Smith

Former special counsel Jack Smith, the lawyer appointed by Joe Biden’s attorney general, Merrick Garland, to run several lawfare cases against President Donald Trump, was doing everything exactly right, according to his lawyers.

They have submitted a letter defending Smith, who now is being investigated on allegations he violated the Hatch Act while creating charges to file against Trump.

The Hatch Act prevents federal employees from engaging in partisan political actions while being paid by taxpayers.

Smith came under investigation after Sen. Tom Cottyon delivered a referral to the Office of Special Counsel regarding Smith’s politicized cases. The accusations are that Smith ran his cases in ways to harm Trump’s 2024 election campaign.

Smith filed charges against Trump based on his handling of classified documents and for his actions on January 6, 2021, which Smith claimed was an attempt to overturn the 2020 election.

Both cases since have been dismissed.

But the New York Post noted an email confirms the Hatch Act Unit, which enforces a law restricting government employees from engaging in political activities, has begun reviewing Smith.

“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable,” said Cotton, the chair of the Senate Intelligence Committee, in a statement to the Post.

Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents. Ironically, this was developing at the same time it was revealed Joe Biden had boxes and boxes of secret government documents stored in an office, his home, even his unsecured garage, but no action was taken against him.

That case against Trump later was dismissed because Smith’s appointment as special counsel was improper.

In the second case in Washington D.C., Jack Smith indicted Trump on four counts: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

That’s even though evidence about the protest-turned-riot on that day confirmed that House Speaker Nancy Pelosi admitted liability for the events, and Trump had urged his fans to protest “peacefully.”

Smith’s lawyers now have claimed, “We are aware of no court decision, prior Office of Special Counsel finding, or other authority interpreting the Hatch Act to prohibit prosecutors from investigating allegations of criminal conduct committed by former public officials or candidates for public office, or prosecuting those cases when the facts and law so dictate.”

A report at the Gateway Pundit described how Smith “lashed out” at the Office of Special Counsel” for its investigation.

Smith’s lawyers claim he made his decisions “based solely on the evidence.”

Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is currently a news editor for the WND News Center, and also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.