Jack Smith, the former special counsel who oversaw two major criminal investigations into President Donald Trump, is currently under investigation by the Office of Special Counsel (OSC). This marks the first official legal probe into Smith's conduct by the federal watchdog, specifically through the Hatch Act Unit, which enforces rules restricting political activities by government employees. The investigation follows allegations made by Senator Tom Cotton, a Republican from Arkansas, who accuses Smith of using his public office to interfere in the 2024 presidential election to the benefit of the Biden-Harris campaign[1][2][4][6].

Smith was appointed by Attorney General Merrick Garland during the Biden administration to lead inquiries into Trump's handling of classified documents and whether Trump tried to overturn the 2020 election results, including actions related to January 6th, 2021. Both cases ended with dismissal after Trump won the 2024 election and Smith resigned in January 2025[1][2][6].

Senator Cotton has publicly charged Smith with unethical and potentially illegal campaign activity, claiming Smith manipulated the timing and publicity of the legal proceedings to harm Trump politically. Cotton highlighted that Smith pushed for an unusually expedited trial schedule, demanding that jury selection begin in early January 2024—weeks before the influential Iowa caucuses—and filed a 165-page brief shortly before the 2024 election that revealed secret grand jury testimony, which Cotton argued was intended to damage Trump's campaign while aiding his Democratic opponents[1][2][5].

Smith has not responded publicly to these allegations but has previously stated that his investigations followed legal protocols and were free from political influence[2].

This investigation into Smith reflects heightened partisan tensions around legal actions involving Trump, with critics on the right alleging politicization of the justice system, while institutional authorities continue inquiries into government conduct during a politically volatile period. The outcomes of the OSC probe into Smith’s actions could have significant repercussions for perceptions of the justice system's impartiality in politically sensitive cases[1][2][5].

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