A federal watchdog agency has launched an investigation into Jack Smith, the Justice Department’s former special counsel who spearheaded two high-profile criminal cases against Donald Trump during the 2024 election cycle. The Office of Special Counsel (OSC), tasked with enforcing federal laws against partisan political activity, confirmed it is examining allegations that Smith violated the Hatch Act by allowing politics to influence his probes.
Smith, appointed in November 2022 by then-Attorney General Merrick Garland, charged Trump with conspiring to overturn the 2020 election and mishandling classified documents at Mar-a-Lago. Both cases were filed in 2023, more than a year before Trump’s return to the White House. Critics, including Sen. Tom Cotton (R-AR), argue the timing and focus of the cases were designed to aid President Joe Biden and Vice President Kamala Harris politically.
Although the OSC cannot bring criminal charges, it holds the authority to impose fines and other penalties for violations. Smith dropped both cases after Trump’s November victory, citing long-standing Justice Department policy against indicting a sitting president.
The White House has not commented on the probe. Notably, no similar investigations have been announced into special counsels appointed to examine Biden or his son, Hunter.
The OSC itself has faced turbulence, including leadership shakeups and political controversy. Trump recently nominated Paul Ingrassia, a former podcast host with outspoken conservative views, to lead the agency. His confirmation remains pending in the Senate.
As the investigation unfolds, it reignites questions over whether the Justice Department’s most high-profile prosecutions were truly impartial—or whether they crossed into forbidden political territory at the height of a heated presidential campaign.
