The Office of Special Counsel (OSC) has opened a formal investigation into Jack Smith, the former special counsel who led both of the Biden Justice Department’s criminal prosecutions against President Donald Trump.
As special counsel, Smith initiated two separate investigations targeting the administration’s chief political opponent. One of those cases resulted in numerous felony charges related to the alleged mishandling of classified documents, but was ultimately dismissed by U.S. District Judge Aileen Cannon, who ruled that Smith’s appointment had not followed proper constitutional procedures.
The second case, focused on Trump’s efforts to challenge the results of the 2020 presidential election, was significantly narrowed after the Supreme Court’s ruling on presidential immunity last year. It was ultimately dropped altogether following Trump’s re-election this past November.
According to an email obtained by the New York Post, the Office of Special Counsel’s Hatch Act Unit has launched a formal review of Jack Smith’s conduct. The unit is responsible for enforcing federal laws that bar government employees from engaging in political activity. The email was authored by Senior Counsel Charles Baldis of the OSC.
“I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith’s conduct. No one is above the law,” Senator Tom Cotton (R-AR) told the outlet. “Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable.”
The OSC officially approved the investigation this week after Cotton wrote a letter alleging that Smith misused his position to sabotage President Trump’s election campaign. “Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office,” the senator posted on X.
Smith, who resigned from the Office of Special Counsel shortly before President Trump was sworn in this January, has faced widespread criticism from Republicans for relying on questionable legal theories and using aggressive tactics—actions many, including Trump himself, have labeled as “election interference.”
