A formal investigation has reportedly been launched into former Special Counsel Jack Smith, marking the first official legal inquiry into his actions during the controversial prosecutions of President Donald Trump. The Office of Special Counsel’s Hatch Act Unit, tasked with enforcing federal laws that prohibit political activity by government officials, is said to be conducting the review. According to internal communications obtained by The New York Post, the unit is now actively examining whether Smith’s conduct may have violated the Hatch Act while leading two high-profile cases against Trump—both of which ultimately failed in court.
Smith, who was appointed by Attorney General Merrick Garland under the Biden administration, had brought charges against Trump relating to the handling of classified documents and the events of January 6. However, both cases were dismissed, raising concerns about the political motives behind their timing and execution.
According to reports, Sen. Tom Cotton (R-Ark.) filed a formal complaint accusing Smith of engaging in political purpose to undermine Trump’s 2024 presidential campaign, which prompted the Office of Special Counsel to launch an investigation. Senator Cotton said that no one is above the law. Jack Smith needs to be held completely responsible for his activities, which were obviously intended to harm President Trump’s election.
In his letter to the OSC, Cotton outlined what he described as a deliberate pattern of legal abuse, suggesting that Smith’s efforts were coordinated with Democratic campaign interests. The letter alleged that actions taken by Smith appeared to serve no legitimate legal purpose aside from interfering with Trump’s political momentum, especially ahead of key moments such as the Iowa caucuses.
Cotton wrote that these were not the actions of a neutral legal official, but rather those of someone intent on influencing the outcome of a presidential election. Although no public comment has been issued by Smith or his legal team, past statements had insisted that his investigations were conducted according to legal protocol and were free from political influence. No response was provided when The Post reached out for clarification.
Further attention was drawn to Smith’s team earlier this year when over a dozen officials and career attorneys associated with his Trump-related investigations were removed from their roles at the Department of Justice. According to reports from Fox News Digital, the dismissals were carried out by acting Attorney General James McHenry, who cited a lack of confidence in their ability to execute the administration’s agenda impartially.
Letters obtained by the outlet indicated that McHenry viewed the dismissed attorneys as potentially compromised by personal political motivations, stating they could not be relied upon to “faithfully implement the president’s agenda.”
Legal analysts noted that prosecutors working under a special counsel typically do so voluntarily, implying that those individuals often possess strong personal stakes in the outcome of the cases they pursue. As such, concerns were raised that partisan leanings may have influenced the decisions made under Smith’s direction.
Smith’s resignation in January, shortly after President Trump’s return to office, was seen by many within the GOP as confirmation of the political nature of his investigations.
While accountability is now being demanded, many conservatives view this latest development as a long-overdue step toward confronting the weaponization of the justice system by Democratic-aligned officials.
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