The U.S. Office of Special Counsel (OSC) has launched a formal investigation into former Justice Department prosecutor Jack Smith, marking the first official legal inquiry into his conduct. The investigation focuses on allegations that Smith’s high-profile prosecutions of former President Donald Trump were politically motivated and potentially violated federal law.
According to an email reviewed by The New York Post, the OSC’s Hatch Act Unit has begun examining whether Smith’s actions as Special Counsel improperly interfered with the 2024 presidential election. The Hatch Act restricts federal employees from engaging in political activity while on duty or in their official capacity.
“I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith’s conduct. No one is above the law,” said Sen. Tom Cotton (R-Ark.), who first called for the probe in a letter to the OSC earlier this week.
Background: Dismissed Cases and Political Fallout
Jack Smith was appointed in 2022 by Attorney General Merrick Garland under President Joe Biden’s administration to oversee two criminal investigations into Trump: one regarding classified documents stored at Mar-a-Lago, and another probing Trump’s role in the January 6th Capitol protest.
Both cases have since been dismissed following Trump’s return to the presidency in January 2025. Smith resigned from his role as Special Counsel soon after.
Republicans have long criticized Smith’s investigations as blatant weaponization of the Department of Justice, accusing him of trying to intentionally sabotage Trump’s political viability ahead of the 2024 election.
Cotton: “Political Actor Masquerading as a Public Official”
In his letter to the OSC, Sen. Cotton accused Smith of manipulating legal timelines to interfere with the 2024 campaign, including scheduling trial dates near pivotal political events like the Iowa caucuses.
“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns,” Cotton wrote. “This isn’t just unethical — it is very likely illegal campaign activity from a public office.”
Cotton further alleged that Smith’s decisions lacked legal justification and were designed solely to negatively impact Trump’s chances at re-election.
“These actions were not standard, necessary, or justified. They were the actions of a political actor masquerading as a public official,” he said.
Legal Questions and Political Implications
The OSC’s investigation will assess whether Smith’s conduct violated the Hatch Act or other federal statutes that prohibit federal employees from using their office to influence elections. If violations are found, consequences could range from civil penalties to formal referrals for further legal or congressional action.
As of the publication of this article, Smith has not yet publicly responded to the investigation or to Cotton’s accusations. During his tenure as Special Counsel, he repeatedly insisted that his work was independent and grounded in the law.
A spokesperson for Smith declined to comment when reached by The New York Post.
A Polarizing Figure in a Polarized Era
Smith’s aggressive legal pursuit of Trump earned him praise from some Democrats and fierce condemnation from Republicans and many Independents. The FBI’s search of Mar-a-Lago in 2022, conducted under Smith’s authority, was among the most controversial moments of his tenure and helped galvanize conservative criticism of the DOJ.
With the 2024 election now in the rearview mirror and Trump back in the Oval Office, the investigation into Smith comes as part of a broader reckoning.
What Comes Next
The OSC has not provided a timeline for the investigation. Its findings could carry significant political weight, especially if it concludes that Smith’s actions crossed ethical or legal lines. However, some legal experts caution that proving a Hatch Act violation in this context — particularly involving decisions on case timing and prosecutorial discretion — could be complex.
As Washington gears up for another contentious election cycle, the investigation into Jack Smith is likely to remain a flashpoint in the ongoing debate over accountability, justice, and the limits of prosecutorial power in American democracy.
READ NEXT: Jack Smith Quits The Department of Justice
A ticking time-bomb set by Joe Biden and Kamala Harris to Hurt ElectionsThey Must Be Stopped! |
At the very least he can be harassed the way he harassed Trump. Hopefully he can be disbarred.