The special prosecutor who once investigated Donald Trump is now facing a federal probe at the behest of MAGA loyalist and Arkansas Senator Tom Cotton.
The Office of Special Counsel, an independent federal agency, is investigating Jack Smith over alleged violations of the Hatch Act, a law that limits political activity by federal officials.
The investigation was prompted by Cotton’s request earlier this week that the OSC examine Smith’s actions, alleging that he tried to influence the outcome of the 2024 election, according to NBC News.
“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 alleges that Smith undertook a “rushed trial” to hurt Trump’s election chances and benefit Kamala Harris. Cotton has not supplied evidence to support his claims.
Cotton, who represents Arkansas and was first elected in 2015, has long been one of Trump’s most ardent supporters in the Senate.
In his role as special prosecutor at the Justice Department, Smith brought two criminal indictments against Trump—one related to his handling of classified documents and the other linked to the Capitol riot on Jan. 6, 2021.
However, the cases never went to trial, as Trump’s Justice Department dropped them soon after he returned to office in January. Smith resigned when Trump’s inauguration was imminent.
It is not clear what penalty Smith could face from the investigation. The New York Times observed that the most severe punishment possible for violating the Hatch Act is being fired from the government, but Smith is no longer a federal worker.
The OSC did not immediately return a request for comment from the Daily Beast.
Since he began to oversee the investigations into Trump, Smith has been a frequent target of the president.
“Jack Smith should be considered mentally deranged and he should be thrown out of the country,” Trump said in October 2024.
After winning the election in 2024, Trump vowed to fire Smith when he assumed office. “It’s so easy. I would fire him within two seconds,” he said in November. “He’ll be one of the first things addressed.”
