Federal Investigation Launched Into Former Trump Prosecutor Jack Smith

The Big Picture

The U.S. Office of Special Counsel (OSC) has officially launched an investigation into Jack Smith, the former Justice Department special counsel who led two major criminal cases against President Donald Trump, as confirmed by ABC News, CBS News, and other outlets. The inquiry is focused on whether Smith violated the Hatch Act—a federal law restricting political activity by government employees—through actions he took during the 2024 election cycle.

Smith, who was appointed in 2022 by then-Attorney General Merrick Garland, pursued charges against Trump for alleged mishandling of classified documents and efforts to overturn the 2020 election results. Trump pleaded not guilty in both cases. However, following his 2024 reelection victory, the Department of Justice dismissed all charges, citing its policy of not prosecuting a sitting president. Smith resigned in January 2025, shortly before President Trump was sworn in again.

Political Firestorm

The investigation was prompted by a formal referral from Senator Tom Cotton (R-Arkansas), who issued a sharp rebuke of Smith’s conduct in the letter sent to Acting Special Counsel Jamieson Greer. In the letter, Cotton accused Smith of weaponizing legal proceedings to sabotage then-candidate Trump’s campaign during the 2024 election.

“These actions were not standard, necessary, or justified—unless Smith’s real purpose was to influence the election,” Cotton wrote. He pointed to several specific actions that, in his view, served no legitimate legal function:

• After indicting Trump in August 2023, Smith demanded a trial date of January 2, 2024—less than six months later—giving the defense minimal time to review over 13 million pages of evidence, right before the Iowa caucuses.
• In December 2023, Smith bypassed standard appeals by petitioning the Supreme Court directly to fast-track trial scheduling, without providing what Cotton called a “legitimate reason.”
• Following the Supreme Court’s ruling on presidential immunity, Smith filed a 165-page brief including sealed grand jury material—an action Cotton said violated DOJ’s 60-day pre-election rule and was “procedurally irregular.”

According to Cotton’s official press release, these moves were “far-fetched and aggressive” legal strategies designed to harm Trump’s chances and sway voters in a tightly contested presidential race.

While the OSC does not have criminal authority, it may refer findings to the Department of Justice. DOJ, meanwhile, is conducting its own review through the “Weaponization Working Group,” led by former interim D.C. U.S. Attorney Ed Martin.

What Smith’s Allies Say

Both Jack Smith and Merrick Garland, prior to leaving office, strongly denied that their prosecutorial decisions were politically motivated. Smith’s legal team has yet to publicly comment on the OSC’s investigation. As noted by ABC News, the OSC primarily handles whistleblower cases and non-criminal violations like Hatch Act infractions—but the real-world consequences could ripple through political circles.

What’s Next?

Whether the OSC finds that Smith violated the Hatch Act remains to be seen. Because he’s no longer in federal service, any reprimand would likely be symbolic—unless the DOJ or Congress takes further action based on OSC findings. Still, the case has once again thrown a spotlight on the use of federal prosecutorial power during politically sensitive moments.

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