The Office of Special Counsel has launched a formal investigation into Jack Smith, the first official legal probe into his conduct, The Post has learned.
Smith is the justice department lawyer who oversaw two criminal investigations into President Donald Trump during the Biden administration, one into Trump’s handling of classified documents, the other as to whether his actions on Jan. 6th, 2021, were an attempt to overturn the 2020 election. Both cases were dismissed.
An email reviewed by The Post states The Hatch Act Unit, which enforces a law restricting government employees from engaging in political activities, has begun reviewing the former Special Counsel for the United States Department of Justice. The email was written by Senior Counsel Charles Baldis at OSC.
“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.
“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable,” said Senate Intelligence Committee chair Sen Tom Cotton (R-Ark.) in a statement to The Post.
OSC opened the investigation into Smith after Cotton wrote a letter earlier this week alleging Smith took blatantly political action to undermine President Trump in his 2024 bid.
Smith, who was appointed by President Biden’s Attorney General Merrick Garland, resigned from his post as Special Council for the Department of Justice in January, after Trump assumed power.
Smith’s actions as prosecutor have been widely criticized by Republicans who saw the prosecutions as an effort to weaponize the justice system against Trump and hobble his election chances in 2024.
In his letter to OSC, Cotton explains how Smith’s actions undermined Trump’s political efforts.
“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,” Cotton said.
“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 accuses Smith of blatant political actions to interfere with Trump’s 2024 presidential run, including speeding up his investigation to schedule trial dates that would interfere with important political moments, such as the Iowa caucuses.
“These actions were not standard, necessary, or justified,” Cotton added. “They were the actions of a political actor masquerading as a public official.”
Smith has not publicly responded to Cotton’s allegations. During his tenure, Smith maintained that his investigations followed legal protocols and were independent of political influence. Smith didn’t immediately respond to a request for comment from The Post.
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