Jack Smith, the once-feared prosecutor who brought two historic criminal cases against Donald Trump, is now facing an investigation of his own — not for wrongdoing in court, but for allegedly engaging in political activity while holding a federal post.
The Office of Special Counsel (OSC), a federal watchdog agency that oversees civil service ethics, confirmed to Reuters that it has opened a formal Hatch Act investigation into Smith following a request from Sen. Tom Cotton (R-Ark.). The Hatch Act prohibits federal employees from using their position to influence elections — a charge Cotton says applies to Smith’s pursuit of Trump.
Smith, a former war crimes prosecutor and veteran of the Justice Department, brought two major indictments against Trump: one for unlawfully retaining classified documents at Mar-a-Lago, and another for his efforts to overturn the 2020 election — efforts that culminated in the January 6th Capitol riot.
Both cases were delayed in court amid a wave of legal challenges and were ultimately dropped after Trump’s 2024 election victory, citing DOJ policy against prosecuting sitting presidents. However, in his resignation letter and final report, Smith stated unequivocally that the evidence would have been enough to convict.
Now, Trump’s allies are calling that “election interference.” Cotton labeled Smith “a political actor masquerading as a public official” and said the probe is long overdue.
The OSC, it’s important to note, is not the same “special counsel” office Smith once led — it has no power to bring criminal charges. Its job is to monitor ethics and political activity among federal employees.
Still, the timing and nature of this investigation are raising alarms among legal experts and democracy advocates. It follows a clear pattern of Trump retaliating against those who challenged him: DOJ officials, law firm partners, judges, and now prosecutors.
Smith has not publicly commented on the probe. But critics warn that the investigation is part of a broader effort to intimidate future prosecutors and create a chilling effect across the justice system.
“This isn’t about ethics,” one former federal attorney said. “It’s about revenge — and it sends a loud, dangerous message: prosecute Trump, and we’ll come for you.”
Indeed, with the Hatch Act probe underway and Trump’s second term in full swing, the political climate surrounding the rule of law is growing ever more perilous.
One thing is clear: while Trump may have evaded prosecution (for now), he’s not done with Jack Smith. Not by a long shot.
