The special prosecutor who once investigated Donald Trump is now facing a federal investigation of his own, initiated by Arkansas Senator Tom Cotton, a loyal MAGA supporter. The Office of Special Counsel (OSC), an independent federal agency, is probing Jack Smith over alleged violations of the Hatch Act, a law that restricts political activity by federal officials, according to NBC News.
The investigation was prompted by Cotton’s formal request earlier this week for the OSC to examine Smith’s actions. Cotton claims that Smith attempted to influence the outcome of the 2024 election. “Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns,” Cotton wrote on X Thursday.
“This isn’t just unethical, it is very likely illegal campaign activity from a public office.” Cotton argues that Smith initiated a “rushed trial” to undermine Trump’s chances in the election and to benefit Vice President Kamala Harris, though he has not provided evidence to support these claims.
As one of Trump’s staunchest allies in the Senate, Cotton has been vocal in his criticism of Jack Smith, who served as special prosecutor in the Justice Department. During his tenure, Smith brought two criminal charges against Trump: one related to the mishandling of classified documents and another connected to the January 6th Capitol riot.
However, both cases were dropped shortly after Trump’s return to office, when his own Justice Department decided not to pursue them. Smith resigned from his position when Trump’s inauguration was imminent. It remains unclear what penalties Smith could face as a result of the OSC investigation.
According to The New York Times, the most severe penalty for violating the Hatch Act would be termination from federal employment. However, since Smith is no longer a federal worker, the potential consequences are uncertain. The OSC has not yet responded to requests for comment from The Daily Beast. Smith has been a frequent target of Trump since he began investigating the former president.
In October 2024, Trump called Smith “mentally deranged” and suggested he should be removed from the country. After his anticipated victory in the 2024 election, Trump vowed to fire Smith as one of his first actions in office. “It’s so easy. I would fire him within two seconds,” Trump said in November. “He’ll be one of the first things addressed.”