Sunday, 5th April 2026
Khabor Wala Desk
Published: 3rd August 2025, 3:20 PM
US authorities have launched a formal investigation into Jack Smith, the former special counsel who led two high-profile federal criminal cases against former President Donald Trump, according to reports published by The New York Times on Saturday.
The inquiry, conducted by the US Office of Special Counsel (OSC), focuses on whether Smith violated the Hatch Act—a federal law that prohibits government employees from engaging in political activity during official duties.
Allegations and Source of the Complaint
The investigation stems from a request by Republican Senator Tom Cotton, who reportedly asked the OSC to determine if Smith’s actions were politically motivated, specifically designed to influence the outcome of the 2024 presidential election.
“Smith’s conduct raised serious questions about improper political influence,” Senator Cotton allegedly stated, urging an official review.
The OSC confirmed to The New York Times that an inquiry is underway, though it did not respond to AFP’s request for comment.
Background on Jack Smith’s Appointment and Prosecutions
Smith was appointed in 2022 as special counsel by the Department of Justice to investigate two major cases involving Donald Trump:
| Case | Allegation |
| 2020 Election Interference | Accused Trump of conspiring to overturn the results of the presidential election. |
| Classified Documents Mishandling | Alleged Trump improperly retained and concealed sensitive documents post-presidency. |
Trump denied all charges, claiming they were part of a politically motivated campaign by a “weaponised” Justice Department.
Outcome and Resignation
Following Trump’s victory in the November 2024 election, the Department of Justice adhered to its longstanding policy not to prosecute a sitting president, resulting in both cases being dropped.
Shortly thereafter, Smith resigned from his post—pre-empting Trump’s campaign vow to fire him upon returning to office.
“It became untenable to continue the prosecutions,” remarked a legal analyst quoted in The Times.
Jurisdiction and Limitations of the OSC
The Office of Special Counsel (OSC) should not be confused with special counsel offices within the Department of Justice, such as the one led by Smith.
| Aspect | OSC | DOJ Special Counsel (e.g., Smith) |
| Mandate | Oversees conduct of federal employees | Investigates and prosecutes federal crimes |
| Criminal Authority | No – cannot file criminal charges | Yes – may prosecute under federal law |
| Most Severe Penalty | Termination of employment | Criminal prosecution or referral to DOJ |
| Can refer findings to DOJ | Yes | N/A |
In this case, since Smith has already resigned, the maximum penalty under the Hatch Act (termination) is no longer applicable. However, the OSC may still refer its findings to the Department of Justice, which does have the authority to pursue criminal or civil action if warranted.
Trump’s Post-Inauguration Retaliation Campaign
Since returning to office in January 2025, President Trump has launched a series of retaliatory actions against individuals and institutions he views as political adversaries:
| Target | Action Taken |
| Former officials | Stripped of security clearances and protective details |
| Law firms | Targeted for involvement in past litigation against Trump |
| Universities | Had federal funding withdrawn |
| James Comey (ex-FBI Director) | Subject of a new FBI criminal investigation |
| John Brennan (ex-CIA Chief) | Also under new FBI criminal investigation |
| Maurene Comey (prosecutor) | Abruptly terminated from federal service; previously handled Epstein case |
Maurene Comey’s dismissal raised particular concern due to her involvement in the Jeffrey Epstein case, a case that has included speculative links to Trump.
Final Notes
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