WASHINGTON (BN24) — Jack Smith, the former special counsel who led two high-profile federal cases against then-presidential candidate Donald Trump, is now under federal investigation himself. The U.S. Office of Special Counsel (OSC), an independent federal agency, confirmed Saturday that it has opened an inquiry into whether Smith violated the Hatch Act, which bars federal officials from engaging in political activity while performing their official duties.
The investigation, first reported by the New York Post, marks a stunning reversal for Smith, who once directed legal efforts to prosecute Trump over classified documents and alleged attempts to overturn the 2020 election. Now, Smith faces scrutiny over whether his actions improperly influenced the 2024 presidential race.
Smith’s former role placed him at the center of two politically explosive cases. One centered on classified materials found at Trump’s Mar-a-Lago estate, while the other examined Trump’s efforts to subvert the 2020 election results, including pressure on then-Vice President Mike Pence and the promotion of false electors. Neither case advanced to trial before being dismissed following Trump’s return to power after his 2024 election victory. Smith later resigned.
Critics of Smith, including Senator Tom Cotton of Arkansas, claim his conduct during the investigations was politically motivated. Cotton formally requested the OSC investigation, alleging Smith’s work benefited the Democratic ticket of President Joe Biden and Vice President Kamala Harris. Biden dropped out of the 2024 race following a disastrous debate performance, and Harris was ultimately defeated by Trump in November.
The Hatch Act, enacted in 1939, prohibits federal employees from using their positions to influence elections. Though the OSC cannot pursue criminal charges, it can impose fines and recommend disciplinary measures, including removal from office or suspension.
Attorney General Pam Bondi, appointed by Trump after his election victory, has since dismissed over 20 Department of Justice employees connected to Smith’s team. The terminations followed internal reviews by Bondi’s “Weaponization Working Group,” which is investigating potential abuses of power during the Trump-era investigations.
“This represents a critical test of whether the Hatch Act can be enforced in highly politicized cases,” a senior legal analyst told AP, noting the broader implications for how independent prosecutors operate during election cycles.
Reactions to the investigation have been sharply divided along partisan lines. Supporters of Trump view the probe as overdue accountability for what they see as a politically motivated legal campaign. Critics say the investigation undermines the rule of law by targeting those who sought to prosecute criminal conduct.
Democratic strategist Adam Parkhomenko posted on X: “So let me get this straight: Jack Smith investigates a guy who tried to overturn an election and incited an insurrection… and he’s the one being investigated? We’re not a serious country.”
The OSC has yet to provide a timeline for when its review of Smith’s conduct will be complete, but the investigation is expected to stretch for several months. Newsweek has reached out to the OSC and the White House for comment.
