The former special prosecutor appointed by Biden to investigate Trump will be investigated

The Office of Special Counsel has launched a formal investigation into Jack Smith, former special counsel of the United States Department of Justice, in what constitutes the first official legal inquiry into his conduct.

The investigation arises from allegations that Smith may have acted with political motivations during his time leading two criminal investigations against President Donald Trump.

Smith, appointed by Attorney General Merrick Garland during the Biden administration, led two cases brought by the Democratic government against Trump: one related to the mishandling of classified documents and another concerning his alleged attempt to overturn the results of the 2020 presidential election, following the events of January 6, 2021. Both cases were ultimately dismissed.

The current investigation is being conducted by the Hatch Act Unit within the OSC, a federal law that prohibits government employees from engaging in partisan political activities while performing their public duties. According to an email signed by OSC's lead attorney, Charles Baldis, the investigation is ongoing.

The opening of the investigation came after Senator Tom Cotton (Republican from Arkansas), chairman of the Senate Intelligence Committee, sent a letter to the OSC this week in which he accused Smith of acting with the intent to harm Trump's candidacy in the 2024 presidential election.

In statements to the media, Cotton welcomed the start of the investigation: "I appreciate that the Office of Special Counsel is taking this seriously. No one is above the law."

Cotton keeps that Smith used the legal system as a political tool to benefit Democratic former president Biden and former vice president Kamala Harris, noting that many of his decisions as special counsel had no other justification than to influence the electoral outcome.

In particular, he accuses Smith of expediting judicial proceedings to align key dates with major electoral events, such as the Iowa primaries, which, according to Cotton, clearly demonstrates an intent to interfere politically.

"These actions were neither standard, necessary, nor justified," Cotton stated. "They were the actions of a political actor disguised as a public official."

The OSC investigation focuses on determining whether Smith violated the Hatch Act by participating, directly or indirectly, in political activities while performing his public duties. A violation of this law could have administrative or legal consequences, although the possible scope of the sanctions has not yet been specified.

Meanwhile, Smith has not publicly replied to Cotton's accusations or to the investigation that has been launched. During his time as special counsel, he insisted that his investigations were conducted independently and strictly followed legal procedures, without political interference.

Smith resigned from his position in January 2025, after Donald Trump took office as president. Since then, Republican criticism of his performance has intensified, especially among those who believe his investigations were an attempt to "politicize" the judicial system and weaken the Republican candidacy.