The U.S. federal government has launched an official investigation into Jack Smith, the special counsel who led high-profile criminal investigations against Donald Trump in 2022. On Saturday, the U.S. Office of Special Counsel (OSC) confirmed it would examine whether Smith violated the Hatch Act, a federal law that bars government employees from engaging in political activities.
Why the Investigation Was Launched
The probe follows repeated accusations from Trump and his supporters, who claimed Smith’s legal actions were politically motivated. They alleged that Smith tried to derail Trump’s 2024 presidential campaign by pursuing legal cases without solid legal grounds.
It’s important to highlight that Attorney General Merrick Garland appointed Smith as special counsel just three days before Trump officially announced his re-election bid. Since then, several Republican lawmakers have called for an investigation into Smith’s conduct.
GOP Leaders Slam Smith’s Legal Tactics
Senator Tom Cotton from Arkansas voiced strong criticism against Smith on X (formerly Twitter). He wrote,
“Jack Smith’s legal actions were nothing more than a tool for the [former President] Biden and [former Vice President] Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office.”
In another post, Cotton said, “Special Counsel Smith pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection to begin just two weeks before the Iowa caucuses. No other case of this magnitude and complexity would come to trial this quickly.”
Jack Smith Stands by His Decisions
In response to these accusations, Jack Smith has firmly defended his role. In his final report, published in mid-January, he wrote, “The ultimate decision to bring charges against Mr. Trump was mine. It is a decision I stand behind fully.”
He clarified that no one from the Department of Justice, including Garland, pressured him into prosecuting Trump. Smith emphasized, “To all who know me well, the claim from Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable.”
Smith Resigns Under Pressure, Dismisses Charges
After Trump’s win in the November election, Smith resigned from the Department of Justice amid intense political pressure. Before stepping down, he also decided to dismiss charges against Trump, even though he believed the evidence was strong enough for a conviction.
In his final remarks, Smith stated, “The throughline of all of Trump’s criminal efforts was deceit, knowingly false claims of election fraud, and the evidence shows that Trump used these lies as a weapon to defeat a federal government function foundational to the United States’ democratic process.”
He added, “Until Trump obstructed it, this democratic process had operated in a peaceful and orderly manner for more than 130 years.”
What the Hatch Act Investigation Means
Earlier this month, Attorney General Pam Bondi also fired 20 DOJ employees linked to Smith, just weeks before the OSC announced the probe. While the Office of Special Counsel can only investigate and recommend disciplinary action for federal employees, its findings could be forwarded to the Department of Justice. The DOJ would then decide whether criminal charges are warranted.
