The federal government has reportedly now opened a probe into Special Counsel Jack Smith, whose aggressive pursuit of President Donald J. Trump drew widespread criticism from conservatives and renewed concerns about the politicization of the justice system.
The U.S. Office of Special Counsel announced Saturday that it would investigate whether Smith violated the Hatch Act, a law designed to prevent federal employees from engaging in partisan political activities.
The investigation marks a significant development in what many Republicans have characterized as a pattern of abuse within the Biden-era Justice Department.
Smith, appointed by then-Attorney General Merrick Garland in November 2022—just three days before Trump formally announced his 2024 presidential campaign—has long faced accusations from Trump allies that his investigations were politically motivated.
“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns,” Sen. Tom Cotton (R-Ark.) charged in a post on X. “This isn’t just unethical, it is very likely illegal campaign activity from a public office.” Cotton also blasted the unusually expedited timeline of the Trump trial, saying Smith sought jury selection to begin “just two weeks before the Iowa caucuses”—a move he called unprecedented for a case of such scope.
Smith, who has since stepped down from his post following Trump’s November victory, continues to defend his decision to bring charges. In his final report, published in January, he wrote, “The ultimate decision to bring charges against Mr. Trump was mine. It is a decision I stand behind fully.” He insisted he was not directed by Garland or “other political actors,” dismissing Trump’s accusations of partisanship as “laughable.”
Despite Smith’s denials, skepticism remains strong among many in Congress. The circumstances surrounding his appointment, the timing of legal maneuvers, and his own admissions have led some to question whether the Department of Justice was weaponized to influence the outcome of an election.
Attorney General Pam Bondi, who took office after Trump’s election win, fired 20 employees tied to Smith earlier this month—a sweeping move that came just weeks before the Office of Special Counsel announced its investigation.
Though the Office of Special Counsel lacks the authority to prosecute Smith, it can recommend disciplinary action and refer its findings to the DOJ for possible criminal charges.
The outcome could have lasting implications for the public’s trust in prosecutorial independence—and for future special counsels operating in a highly politicized climate.
As investigations continue, the central question looms: was the pursuit of Donald Trump a neutral application of justice—or an unprecedented political gambit by unelected prosecutors?
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