Former special counsel Jack Smith, the prosecutor who aggressively pursued criminal investigations against President Donald Trump under Joe Biden’s administration, is now himself facing a federal probe. The U.S. Office of Special Counsel (OSC) has opened an investigation into Smith for possible violations of the Hatch Act, a law restricting government employees from engaging in political activities.
The OSC investigation was confirmed this weekend after Senator Tom Cotton (R-AR) formally requested an inquiry. Cotton asserted Smith unlawfully interfered in the 2024 presidential election by weaponizing the Department of Justice against Trump. Although the OSC clarified Smith isn’t facing criminal charges at this stage, the probe represents serious scrutiny over his conduct.
Smith oversaw two major criminal investigations into Trump while Biden was in office, both ultimately dismissed. One involved Trump’s handling of classified documents, and the other concerned Trump’s actions surrounding the January 6th events. Critics argued Smith’s investigations were driven by political motives rather than genuine legal issues.
In his formal request for an investigation, Cotton wrote, “President Trump of course vanquished Joe Biden, Jack Smith, and every Democrat who weaponized the law against him, but President Trump’s astounding victory doesn’t excuse Smith of responsibility for his unlawful election interference.”
An internal OSC email confirmed that the Hatch Act Unit is specifically examining Smith’s behavior during the Trump probes. This unit oversees compliance with federal laws designed to prevent government officials from using their positions to influence political outcomes.
Smith resigned from the Justice Department in January, days before President Trump’s second inauguration. His resignation came as he failed to bring either of his anti-Trump cases to trial, despite intense efforts to prosecute the former president. Before Smith left, Trump’s incoming administration began examining whether Smith and his team improperly abused their legal authority for partisan purposes.
In February, President Trump took additional action against Smith’s former colleagues, suspending the security clearances of lawyers from the law firm Covington & Burling LLP, who assisted Smith’s investigation. Trump’s directive specifically targeted these lawyers pending an official review into their possible role in the weaponization of the judicial process against him.
Smith’s investigations under Biden raised widespread conservative concern, as critics pointed to what they saw as blatant abuses of power aimed at influencing a presidential election. Conservatives argued Smith’s aggressive tactics were meant solely to tarnish Trump’s image and sway voters toward Biden.
Now, with Smith himself facing scrutiny, conservatives nationwide see a vital opportunity for justice. The OSC probe represents a significant effort to hold accountable federal officials who may have abused their positions to undermine democracy.
This investigation is viewed as essential by Republicans, who argue that Smith’s actions symbolize broader abuses within the Justice Department under Biden. They see it as proof that Trump’s opponents have repeatedly attempted to misuse federal authority to target political rivals and influence elections.
As the investigation unfolds, conservatives hope this marks the beginning of a thorough effort to expose and stop politically-motivated prosecutions. Accountability for Jack Smith would set a powerful precedent, reinforcing that no federal official is above the law, especially those entrusted with enforcing it.
Ultimately, Republicans demand justice—not only for President Trump but also for every American who believes in fair elections and impartial justice. This investigation into Jack Smith underscores a clear conservative message: politicizing the justice system is unacceptable, and anyone who tries will face consequences.