The Office of Special Counsel has opened a formal investigation into former DOJ prosecutor Jack Smith, marking the first official legal review of his conduct.
The probe was triggered by a letter from Sen. Tom Cotton (R-AR), who accused Smith of politically motivated actions meant to harm Donald Trump’s 2024 campaign.
Smith, who was appointed by Attorney General Merrick Garland under President Biden, led two criminal cases against Trump—one regarding classified documents and another related to January 6th.
Both cases were later dismissed. Smith stepped down from his role in January, following Trump’s return to office.
Hatch Act Review
According to an internal email obtained by The Post, the Hatch Act Unit of the Office of Special Counsel is now reviewing Smith’s actions.
The Hatch Act prohibits federal employees from engaging in partisan political activity. The email was sent by OSC Senior Counsel Charles Baldis.
Cotton: “Blatant Election Interference”
Sen. Cotton alleged Smith’s prosecution efforts were timed to interfere with key moments in the 2024 election cycle, including the Iowa caucuses.
“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable,” Cotton said in a statement.
In his letter, Cotton described Smith’s investigations as a political tool for the Biden-Harris campaign, stating the actions were not only unethical but likely violated federal law.
“These actions were not standard, necessary, or justified,” he wrote. “They were the actions of a political actor masquerading as a public official.”
No Response From Smith
Smith has not publicly addressed the allegations.
He previously insisted his work followed legal standards and was free of political bias.
