Jack Smith is under investigation by the U.S. Office of Special Counsel for allegedly violating the Hatch Act during his time leading the Justice Department’s criminal cases against Donald Trump.
The Hatch Act prohibits federal officials from using their government positions to influence elections. Smith is accused of doing exactly that by timing major indictments of Trump to interfere with the 2024 election.
Senator Tom Cotton (R-Arkansas) filed the complaint that triggered the probe. He argued that Smith’s indictments were calculated to coincide with key primary dates in order to damage Trump’s presidential campaign.
On August 2, the OSC confirmed that it had formally opened an investigation into Smith. This marks the first official federal probe into the conduct of the man who led the politically charged prosecutions against Trump.
Although Smith resigned from his role as special counsel in January 2025, the OSC still holds the power to investigate former federal employees. The agency can recommend disciplinary action, impose civil penalties, and refer cases to the Department of Justice or other oversight offices.
Smith was appointed in November 2022 by then-Attorney General Merrick Garland. His task was to lead two criminal investigations targeting Trump—one involving classified documents and the other related to January 6.
He filed the first indictment in June 2023, accusing Trump of mishandling classified documents. Just weeks later, he brought charges related to the Capitol protests. Critics immediately accused Smith of acting on a political agenda.
Those charges landed as Trump was dominating the Republican primary field. Many conservatives warned at the time that Smith’s legal actions had more to do with politics than justice.
By January 2025, Trump had won the presidency again. Under DOJ policy, sitting presidents cannot be prosecuted. Both cases were dropped, and Smith resigned days later.
The timing of Smith’s resignations and filings raised even more suspicion. Republicans questioned whether the indictments were ever meant to reach a courtroom or if they were purely designed to sway voters.
The OSC’s investigation will focus on whether Smith used his official powers to influence an election. That would be a direct violation of the Hatch Act.
Rep. Elise Stefanik (R-N.Y.) said the probe is long overdue and necessary to restore faith in the justice system. “Jack Smith acted as a partisan prosecutor. Now he’s being held accountable.”
Republicans have also pointed to Smith’s prior record. Before becoming special counsel, he ran the DOJ’s Public Integrity Section, where he pursued several controversial cases against conservative figures.
Senator J.D. Vance (R-Ohio) said, “Jack Smith operated with unchecked authority. This investigation will finally show how he used that power to try to sabotage an election.”
House Republicans are also launching their own investigation. Oversight Chair James Comer is demanding communications between Smith’s office and the Biden White House.
If there was coordination, that would point to a deeper level of political interference and could lead to more referrals, hearings, and accountability measures.
Democrats have rushed to defend Smith, but even they can’t ignore that the OSC is an independent agency tasked with enforcing federal ethics laws.
Mark Levin called the investigation a “major step in restoring public trust,” adding that the legal system must never be used as a political weapon.
The American people have had enough of double standards. While Clinton, Biden, and others mishandled classified documents without consequence, Smith tried to jail Trump for doing the same.
Many see this as vindication. The charges against Trump fell apart, and now the prosecutor who led them is being scrutinized.
The left thought Jack Smith would be their hero. Instead, he may go down as the man who exposed the corruption at the heart of the Biden-era DOJ.
Republicans are pushing legislation to reform special counsel appointments and ensure accountability for rogue prosecutors.
The OSC’s findings could lead to permanent consequences for Smith, including a ban on future federal employment.
