The Office of Special Counsel has launched a formal investigation into Jack Smith, marking the first official legal probe into the former special counsel’s conduct.
Smith, who was appointed by President Biden’s attorney general, Merrick Garland, oversaw two failed prosecutions against President Donald Trump – one related to classified documents, the other tied to Trump’s actions on Jan. 6, 2021. Both cases were dismissed, The New York Post reported.
According to an email reviewed by The Post, the Hatch Act Unit at the Office of Special Counsel has opened a review of Smith’s actions. The unit enforces the federal law that bars government employees from engaging in political activity while serving in official roles. The email, sent by Senior Counsel Charles Baldis, confirms the investigation is now underway.
“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,” Sen. Tom Cotton (R-Ark.) said in a statement to The Post.
“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable.”
The OSC launched the probe after Cotton sent a letter earlier this week alleging Smith took overtly political steps to interfere with Trump’s 2024 campaign.
Smith resigned from his post as special counsel in January, after Trump returned to office. Republicans have long criticized Smith’s work as politically motivated, accusing him of weaponizing the justice system to damage Trump’s chances in the election.
In his letter to OSC, Cotton detailed what he called a pattern of abuse designed to undermine Trump’s candidacy.
“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.”
“Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results — actions that would violate federal law.”
Cotton also accused Smith of manipulating the timeline of his investigations to interfere with key moments in the political calendar, including the Iowa caucuses.
“These actions were not standard, necessary, or justified,” Cotton said. “They were the actions of a political actor masquerading as a public official.”
Smith has not publicly responded to the allegations. During his tenure, he insisted his investigations followed legal protocol and were free from political influence. He did not respond to The Post’s request for comment.
No one is above the law- including this nasty person
former special counsel Jack Smith….. pic.twitter.com/4xiZOPHsHI— GrrrGraphics-Ben Garrison Cartoons
(@GrrrGraphics) August 2, 2025
The last time Smith was in the news was in January when the Justice Department fired more than a dozen officials and career attorneys who worked with Smith to charge and attempt to prosecute Trump for more than a year, leading up to his election victory over Vice President Kamala Harris.
Fox News Digital first reported that the man who was acting attorney general at the time, James McHenry, wrote letters to the prosecutors stating that he was letting them go because they could not be trusted to ” faithfully implement the president’s agenda. ”
A DOJ official told Fox that McHenry transmitted a letter via email to each of the individuals.
Regarding the trust issue, one network legal analyst said during a show segment that every prosecutor who works with a special counsel does so on a voluntary basis—no one is assigned the task.
As such, prosecutors working with a special counsel generally have a personal interest in seeing the targeted individual(s) convicted.
The implication is that the prosecutors McHenry dismissed were not fans of Trump and, therefore, he did not feel they could not be relied upon to faithfully execute their duties under his executive leadership.
The post Jack Smith Under Investigation for Alleged Political Prosecution of Trump: Report appeared first on Conservative Brief.
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Author: Carmine Sabia
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