Trump's previous prosecutor, Jack Smith, faces scrutiny by the Office of Special Counsel following allegations of political manipulation: "Even high-ranking officials are subject to legal inquiry"
U.S. Office of Special Counsel Launches Investigation into Jack Smith's Conduct
The U.S. Office of Special Counsel (OSC) has initiated an investigation into Jack Smith, the former Special Counsel for the Department of Justice, over allegations that he violated the Hatch Act by engaging in politically motivated activities during his investigations into President Donald Trump.
Senate Intelligence Committee chair Sen Tom Cotton (R-Ark.) referred the case to the OSC, accusing Smith of using his legal actions as a tool for the Biden and Harris campaigns. Cotton claimed that Smith's actions were aimed at interfering with Trump's 2024 presidential run, and that they lacked any legal rationale aside from influencing the election.
The OSC investigation stems from two criminal cases that Smith oversaw during the Biden administration. The first case concerned attempts to overturn the 2020 election results, while the second was related to classified documents found at Trump’s Mar-a-Lago estate. Both investigations resulted in indictments brought in 2023, but were eventually dismissed due to the Justice Department's policy prohibiting prosecution of a sitting president.
Smith has repeatedly stated that the investigations were conducted legally and without political motivation. However, he has not yet responded publicly to Cotton's allegations.
The OSC is an independent federal agency tasked with enforcing the Hatch Act and assisting whistleblowers. It does not have criminal prosecutorial authority, but it can impose fines and other administrative penalties if it finds violations. The nature of the OSC's investigation into Smith is administrative, and no conclusions have been publicly announced as of early August 2025.
Public disclosures from the OSC have not detailed specific evidence or examples of how Smith's conduct violated the Hatch Act or what political activity he allegedly engaged in. The investigation is ongoing.
Cotton's letter to the OSC suggests that Smith's actions were not standard, necessary, or justified, but those of a political actor masquerading as a public official. Cotton alleges that Smith speeded up his investigation to schedule trial dates that would interfere with important political moments, such as the Iowa caucuses.
If found guilty of Hatch Act violations, Smith could face penalties ranging from a reprimand to removal from office. The outcome of the OSC's investigation is uncertain, but it is a significant development in the ongoing saga of the investigations into President Trump and his associates.
The OSC investigation into Jack Smith's conduct raises questions about the intersection of media, policy-and-legislation, and politics, as senate chair Tom Cotton has accused Smith of using his legal actions as a tool for political gain, inflencing general-news coverage and the 2024 presidential election. Regardless of the OSC's findings, the investigation underscores the importance of ensuring that public officials do not engage in politically motivated activities during their tenure.
