My how the tables have turned!
Months after handing in his resignation, former Special Counsel Jack Smith is facing a mountain of legal issues after federal authorities opened an investigation into Smith over allegations of illegal political conduct.
Smith is being investigated by the Hatch Act Unit on behalf of the United States Department of Justice (DOJ), according to an email obtained by the outlet from Senior Counsel Charles Baldis of the Office of Special Counsel (OSC), according to an email obtained by The New York Post.
🚨 BREAKING: The U.S. Office of Special Counsel is NOW INVESTIGATING Jack Smith.
They suspect he may have violated the Hatch Act.
He went after Trump.
FAFO. pic.twitter.com/SnRAuXqNpj
— Eric Daugherty (@EricLDaugh) August 1, 2025
The Hatch Act restricts federal employees from engaging in certain political activities to ensure that government functions remain nonpartisan.
Smith is the DOJ lawyer who led two criminal investigations into Trump during former President Joe Biden‘s administration.
One focused on his handling of classified documents, and the other on whether his actions on January 6, 2021, aimed to overturn the 2020 election.
Both cases were ultimately dropped and Smith resigned in January.
Republican Arkansas Sen. Tom Cotton — who is the chair of the Senate Intelligence Committee — welcomed the new investigation into Smith.
“I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith’s conduct. No one is above the law,” Cotton told The Post in a statement.
“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable,” Cotton added.
Cotton accused Smith of weaponizing the legal system against Trump and undermining his political efforts in a lengthy thread he posted to X.
“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office. Let’s take a look at just how egregiously Smith used his DOJ role to influence the election,” Cotton said in his post.
Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office. Let’s take a look at just how egregiously Smith used his DOJ role to influence the election:
— Tom Cotton (@SenTomCotton) July 30, 2025
“Special Counsel Smith pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection to begin just two weeks before the Iowa caucuses. No other case of this magnitude and complexity would come to trial this quickly,” Cotton said.
“Special Counsel Smith tried to bypass the normal process and go right to the Supreme Court, but gave no reason why his abnormal request should be granted. The real reason was to get a quick ruling to damage Trump before the election—a partisan, unlawful action.”
Cotton finished his thread by calling for Smith to be investigated by the OSC.
“These actions were not standard, necessary, or justified. They were the actions of a political actor masquerading as a public official. That’s why I’ve asked this unprecedented interference in the 2024 election be immediately investigated by OSC,” Cotton stated.