What began as a seemingly routine letter from Senator Tom Cotton to a little-known federal watchdog has now ignited a seismic probe within the Office of Special Counsel (OSC), unraveling one of the most politically fraught legal inquiries of recent times.
Sources reveal that this investigation into former Special Counsel Jack Smith could uncover not just prosecutorial choices, but a tangled web of political influence embedded deep within the federal justice apparatus.
The OSC has officially opened an inquiry into Jack Smith’s conduct during his tenure overseeing two high-profile—but ultimately unsuccessful—cases against former President Donald Trump.
Appointed by Attorney General Merrick Garland during the Biden administration, Smith spearheaded prosecutions related to Trump’s handling of classified documents and the January 6 Capitol riot, both of which were dismissed, as reported by The New York Post.
Documents obtained by The Post indicate the OSC’s Hatch Act Unit is scrutinizing whether Smith violated rules prohibiting federal employees from engaging in partisan political activities while performing official duties. Senior Counsel Charles Baldis confirmed in an internal email that the investigation is underway.
Senator Cotton, a vocal Trump ally, applauded the OSC’s action, asserting, “No one stands above the law.” He charged that Smith’s investigations were weaponized against Trump’s 2024 presidential campaign, describing the special counsel’s behavior as “blatantly political” and possibly unlawful.
In his recent letter to the OSC, Cotton accused Smith of orchestrating a “pattern of abuse” intended to sabotage Trump’s campaign while aiding the Biden-Harris ticket. Cotton further alleged Smith manipulated investigation timelines to disrupt key political events like the Iowa caucuses, stating, “These were not standard legal procedures but calculated political maneuvers by someone cloaked in official authority.”
Jack Smith, who stepped down as special counsel in January after Trump’s return to the White House, has yet to respond publicly. He has consistently defended the integrity and impartiality of his work.
This controversy gained new intensity following the Justice Department’s dismissal of more than a dozen prosecutors involved in Trump cases earlier this year.
Acting Attorney General James McHenry reportedly justified the firings by questioning their loyalty to executing the president’s agenda, implying political discord with Trump influenced their removal.
Legal experts note that special counsel teams often include prosecutors motivated by conviction zeal, and those ousted were likely deemed politically misaligned with the current administration — a factor McHenry viewed as disqualifying.
Conclusion
The OSC’s probe into Jack Smith marks a turning point in the GOP’s allegations that Trump’s legal battles are steeped in political bias. Should the Hatch Act investigation find credible violations, this could become one of the most consequential cases of political misconduct allegations against a federal prosecutor in decades — with profound implications for faith in the justice system’s impartiality.