Former Special Counsel Jack Smith, who undertook the Biden administration's federal prosecutions of President Donald Trump, is now under investigation by the Office of Special Counsel. Smith prosecuted Trump for holding classified documents—something presidents have authority to do upon leaving office per the Presidential Records Act—and over the J6 Capitol riot.
The Hatch Act Unit, writes the New York Post after reviewing an email written by Senior Counsel Charles Baldis at OSC, "has begun reviewing the former Special Counsel for the United States Department of Justice." that Unit is intended to enforce laws that prevent government workers from engaging in political activities. It is widely believed that the prosecutions of Trump by Smith were political in nature.
Senator Tom Cotton spoke to the Post about the investigation, saying "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." Smith resigned after Trump regained the White House in January.
"Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable," Cotton went on to say. Cotton, in his position as Senate Intelligence Committee chair, urged the opening of the investigation per a letter penned earlier this week.
"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," read Cotton's letter.
"Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results – actions that would violate federal law," Cotton said.
"These actions were not standard, necessary, or justified," he continued. "They were the actions of a political actor masquerading as a public official." Smith hasn't said anything about the investigation so far.
