In a significant development echoing the persistent political tensions within the United States, federal officials have confirmed the initiation of an investigation into former special counsel Jack Smith. Smith, who previously spearheaded two high-profile federal criminal cases against former President Donald Trump, recently resigned from his post, setting the stage for this new inquiry. This probe, confirmed by the Office of the Special Counsel (OSC), adds another layer to the complex legal and political landscape surrounding key figures from recent administrations.
Mr. Smith’s appointment as special counsel in 2022 marked a pivotal moment in American jurisprudence, tasked with investigating deeply contentious issues. His mandate included probing allegations of former President Trump’s mishandling of classified documents and his alleged attempts to interfere in the integrity of the 2020 election. These investigations ultimately led to criminal charges against Trump, which he vehemently denied, consistently framing the prosecutions as politically motivated and an orchestrated effort to undermine his standing.
The current federal probe falls under the purview of the Office of the Special Counsel (OSC), an independent federal agency distinct from the Department of Justice’s special counsel offices. Crucially, the OSC operates with specific limitations; it lacks the authority to lay criminal charges against individuals like Mr. Smith. Instead, its primary function involves investigating and addressing federal rules violations by US civil service members, with the power to initiate disciplinary actions or refer findings to the Department of Justice. This distinction is vital in understanding the nature and potential outcomes of the ongoing Jack Smith investigation.
Reports emerging from various US media outlets indicate that the federal probe into Mr. Smith centers on alleged violations of the Hatch Act. This crucial law restricts political activities by government officials, aiming to ensure the non-partisan operation of the federal civil service. The investigation gained public traction following a direct call from Republican Senator Tom Cotton of Arkansas, who publicly urged the OSC to investigate Mr. Smith for what he described as “unprecedented interference in the 2024 election,” further intensifying the political scrutiny.
The criminal charges brought against President Trump by Mr. Smith’s office were ultimately closed following Trump’s presidential election victory in November 2024. This closure was mandated by Justice Department regulations, which explicitly forbid the prosecution of a sitting president, underscoring the unique legal protections afforded to the nation’s highest office. Senator Cotton further fueled the partisan debate, asserting in a social media post that these investigations and charges were “nothing more than a tool for the Biden and Harris campaigns,” reinforcing the deep political divide surrounding these legal actions and the overarching narrative of US politics.
This new special counsel investigation also unfolds against a backdrop of recent turmoil within the OSC itself. In February, former President Trump had fired the agency’s previous head, Hampton Delligner, after Delligner advocated for probationary federal employees who had been laid off by the Trump administration to be reinstated. While a judge initially ruled Delligner’s firing unlawful, a federal Circuit Court later permitted the Trump administration to replace him while his legal battle continued, highlighting the executive branch’s influence over independent agencies.
Mr. Delligner ultimately abandoned his legal case in March, expressing skepticism that the Supreme Court would rule in his favor. His departure was accompanied by a stark warning, emphasizing the potential for “immediate, grievous, and, I fear, uncorrectable” harm to the agency and those who rely on it if a Special Counsel is not truly independent. This statement underscores ongoing concerns about the impartiality and autonomy of federal investigative bodies, particularly amidst highly charged political climates and investigations that involve powerful figures like Donald Trump.
The federal probe into Jack Smith is not an isolated incident but rather indicative of a broader pattern of investigations targeting former high-profile officials. For instance, in May, the Secret Service initiated an investigation into former FBI Director James Comey following a social media post, which Republicans controversially alleged was an incitement to violence against Trump. More recently, reports circulated that Mr. Comey, alongside former CIA Director John Brennan, faced scrutiny for allegedly making false statements to Congress during their probe into foreign interference in the 2016 election, further demonstrating the extensive reach of ongoing governmental oversight.
