WASHINGTON (AP) — A watchdog investigation into former special counsel Jack Smith over his prosecutions of President Donald Trump is based on an “imaginary and unfounded” premise, Smith's lawyers wrote in a letter obtained by The Associated Press on Tuesday.
The letter marks the first response by Smith and his legal team to news that the Office of Special Counsel, an independent watchdog office, had launched an investigation into whether Smith engaged in improper political activity through his criminal inquiries into Trump.
The attorneys told Jamieson Greer, the acting head of the office, that his investigation into Smith was “wholly without merit.”
“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,” wrote Smith's lawyers, Lanny Breuer and Peter Koski.
The Office of Special Counsel, which is totally distinct from the Justice Department special counsel position that Smith held for more than two years starting in November 2022, confirmed the investigation following a request from Republican Sen. Tom Cotton of Arkansas, who asked it to examine Smith's activities for potential violations of the Hatch Act, a federal law that bans certain public officials from engaging in political activity.
Cotton had alleged that Smith sought to interfere in the 2024 presidential election through his prosecutions and sought to effectively fast-track the cases toward resolution, including by asking the Supreme Court to weigh in on a key legal question before a lower court had a chance to review the issue.
But Smith's lawyers say that argument is contradicted by the facts and note that no court ruling or other authority prohibits prosecutors from investigating allegations of criminal conducts against candidates for office. Politics, they say, played no part in the decision to bring the cases.
“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,” Smith's lawyers wrote.
“The predicate for this investigation,” they added, “is imaginary and unfounded.”
Smith, who was appointed special counsel under the Biden administration, brought two cases against Trump, one accusing him of conspiring to overturn the results of the 2020 presidential election and the other of hoarding classified documents at his Mar-a-Lago estate in Florida. Both were brought in 2023, well over a year before the 2024 presidential election, and indictments in the two cases cited what Smith and his team described as clear violations of well-established federal law.
Both cases were abandoned by Smith after Trump’s November win, with the prosecutor citing longstanding Justice Department policy prohibiting the indictment of a sitting president.
FILE - The U.S. Department of Justice logo is seen on a podium before a press conference, May 6, 2025, at the Justice Department in Washington. (AP Photo/Julia Demaree Nikhinson, File)
President Donald Trump listens as he meets with South Korean President Lee Jae Myung in the Oval Office of the White House, Monday, Aug. 25, 2025, in Washington. (AP Photo/Alex Brandon)
KAMPALA, Uganda (AP) — Uganda’s presidential election was plagued by widespread delays Thursday in addition to a days-long internet shutdown that has been criticized as an anti-democratic tactic in a country where the president has held office since 1986.
Some polling stations remained closed for up to four hours after the scheduled 7 a.m. start time due to “technical challenges," according to the nation's electoral commission, which asked polling officers to use paper registration records to ensure the difficulties did not “disenfranchise any voter.”
President Yoweri Museveni, 81, faces seven other candidates, including Robert Kyagulanyi, a musician-turned-politician best known as Bobi Wine, who is calling for political change.
The East African country of roughly 45 million people has 21.6 million registered voters. Polls were expected to close at 4 p.m., but voting was extended one hour until 5 p.m. local time. Results are constitutionally required to be announced in 48 hours.
In the morning, impatient crowds gathered outside polling stations expressing concerns over the delays. Umaru Mutyaba, a polling agent for a parliamentary candidate, said it was “frustrating” to be waiting outside a station in the capital Kampala.
“We can’t be standing here waiting to vote as if we have nothing else to do," he said.
Wine, the candidate, alleged electoral fraud, noting that biometric voter identification machines were not working at polling places and claiming that there was “ballot stuffing.”
Wine wrote in a post on X that his party's leaders had been arrested. “Many of our polling agents and supervisors abducted, and others chased off polling stations,” the post said.
Museveni told journalists he was notified that biometric machines weren't working at some stations and that he supported the electoral body's decision to revert to paper registration records. He did not comment on allegations of fraud.
Ssemujju Nganda, a prominent opposition figure and lawmaker seeking reelection in Kira municipality, told The Associated Press he had been waiting in line to vote for three hours.
Nganda said the delays likely would lead to apathy and low turnout in urban areas where the opposition has substantial support. "It’s going to be chaos,” he said.
Nicholas Sengoba, an independent analyst and newspaper columnist, said delays to the start of voting in urban, opposition areas favored the ruling party.
Emmanuel Tusiime, a young man who was among dozens prevented from entering a polling station in Kampala past closing time said the officials had prevented him from participating.
“My vote has not been counted, and, as you can see, I am not alone," he said he was left feeling “very disappointed.”
Uganda has not witnessed a peaceful transfer of presidential power since independence from British colonial rule six decades ago.
Museveni has served the third-longest term of any African leader and is seeking to extend his rule into a fifth decade. The aging president’s authority has become increasingly dependent on the military led by his son, Muhoozi Kainerugaba.
Museveni and Wine are reprising their rivalry from the previous election in 2021, when Wine appealed to mostly young people in urban areas. With voter turnout of 59%, Wine secured 35% of the ballots against Museveni’s 58%, the president’s smallest vote share since his first electoral campaign three decades ago.
The lead-up to Thursday's election produced concerns about transparency, the possibility of hereditary rule, military interference and possible vote tampering.
Uganda's internet was shut down Tuesday by the government communications agency, which cited misinformation, electoral fraud and incitement of violence. The shutdown has affected the public and disrupted critical sectors such as banking.
There has been heavy security leading up to voting, including military units deployed on the streets this week.
Amnesty International said security forces are engaging in a “brutal campaign of repression,” citing a Nov. 28 opposition rally in eastern Uganda where the military blocked exits and opened fire on supporters, killing one person.
Museveni urged voters to come out in large numbers during his final rally Tuesday.
“You go and vote, anybody who tries to interfere with your freedom will be crushed. I am telling you this. We are ready to put an end to this indiscipline,” he said.
The national electoral commission chairperson, Simon Byabakama, urged tolerance among Ugandans as they vote.
“Let us keep the peace that we have,” Byabakama said late Wednesday. “Let us be civil. Let us be courteous. Let’s be tolerant. Even if you know that this person does not support (your) candidate, please give him or her room or opportunity to go and exercise his or her constitutional right."
Authorities also suspended the activities of several civic groups during the campaign season. That Group, a prominent media watchdog, closed its office Wednesday after the interior ministry alleged in a letter that the group was involved in activities “prejudicial to the security and laws of Uganda.”
Veteran opposition figure Kizza Besigye, a four-time presidential candidate, remains in prison after he was charged with treason in February 2025.
Uganda opposition presidential candidate Robert Kyagulanyi Ssentamu, known as Bobi Wine, right, greets election observers, including former Nigerian President Goodluck Jonathan, at his home in Magere village on the outskirts of Kampala, Uganda, Wednesday, Jan. 14, 2026. (AP Photo/Hajarah Nalwadda)
Billboards of Uganda President and National Resistance Movement (NRM) presidential candidate Yoweri Museveni are seen in Kampala, Uganda, Tuesday, Jan. 13, 2026. (AP Photo/Samson Otieno)
Electoral workers deliver ballot boxes to a polling station during presidential election in Kampala, Uganda, Thursday, Jan. 15, 2026. (AP Photo/Brian Inganga)
Voters are reflected in a police officer's sunglasses as they wait in line after voting failed to start on time due to system failures during presidential election in Kampala, Uganda, Thursday, Jan. 15, 2026. (AP Photo/Brian Inganga)
Voters wait to cast their ballots during the presidential election in Kampala, Uganda, Thursday, Jan. 15, 2026. (AP Photo/Brian Inganga)