The U.S. Office of Special Counsel has opened an investigation into former Justice Department prosecutor Jack Smith, who previously led federal criminal cases against Donald Trump, according to reports by The New York Post and The Washington Post. The probe centers on allegations that Smith may have violated election laws by allegedly using his position to influence the 2024 presidential race.
Smith, appointed as special counsel in 2022 during the Biden administration, oversaw high-profile investigations into Trump’s handling of classified documents and his alleged efforts to overturn the 2020 election results. Both cases resulted in criminal charges against Trump, who denied wrongdoing. However, the cases were closed following Trump’s victory in the November presidential election, as Justice Department policy prohibits prosecuting a sitting president.
The new investigation follows a formal complaint by Senator Tom Cotton (R-Arkansas), who accused Smith of leveraging his role to interfere in the 2024 campaign. In a letter to acting Special Counsel Jamieson Greer, Cotton alleged that Smith’s actions were politically motivated, asserting they “unlawfully took political actions to influence the 2024 election to harm then-candidate President Donald Trump.” Cotton specifically criticized Smith’s efforts to expedite trial timelines that would have overlapped with key election events, such as the Iowa caucuses, calling the moves “illegal campaign activity.”
The independent Office of Special Counsel, tasked with enforcing the Hatch Act—a law restricting federal employees from engaging in overt political activities—confirmed it is examining potential violations. The statute bars government officials from using their authority to sway elections, though it remains unclear what specific evidence underpins the allegations.
Smith’s tenure as special counsel ended when he resigned ahead of the presidential inauguration, as is customary for appointed officials during transitions. His investigations into Trump, which spanned over a year, were marked by intense public scrutiny and legal debates over the boundaries of executive authority. Critics of the new inquiry argue it represents a politically charged escalation in ongoing partisan disputes over the Justice Department’s independence.
The development underscores broader tensions over the role of federal agencies in electoral processes, particularly in cases involving high-profile political figures. Neither Smith nor representatives from the Office of Special Counsel have publicly commented on the investigation. As the probe unfolds, it is likely to fuel further debate about the intersection of legal accountability and electoral politics in the lead-up to the 2024 election.
