Jack Smith, the former special adviser who indicted President Donald Trump, is now under a federal investigation regarding his conduct, though the repercussions may be minimal. Republican Senator Tom Cotton from Arkansas confirmed that the Office of Special Advisors (OSC) has initiated an ethical inquiry into Smith.
This investigation revolves around whether Smith breached the Hatch Act, which restricts federal employees from engaging in certain political activities. Since Smith is no longer a federal employee, any consequences he faces would be limited. However, he could still be found in violation of the law, potentially leading to a ban from federal services for up to five years or a civil fine, which, according to Hans Von Spakovsky from the Heritage Foundation, could be as high as $1,000.
If Smith is found to have violated the Hatch Act, it might impact his legal practice, as noted by von Spakovsky. The OSC has not responded to inquiries, and attempts to reach Smith were unsuccessful.
Cotton urged for a swift investigation start on July 30, claiming Smith’s actions seemed aimed only at influencing the 2024 election. Smith had indicted Trump in June 2023 regarding a document case and charged him again in August 2023 on multiple felony counts, asserting attempts to overturn the 2020 election results.
Initially, Smith sought to expedite trials, suggesting a start date in January 2024. As complications arose, he appealed to the Supreme Court, hoping to influence the timeline instead of pursuing lower court processes. The Supreme Court’s choice to delay a decision on the president’s immunity ensured that no trial would occur before the upcoming election. Nevertheless, Smith filed an amended charge to contest immunity protections.
A few weeks prior to the election, Smith presented a substantial evidence brief—165 pages in total—that required special permission due to its length and included witness statements. Cotton criticized Smith’s legal maneuvers, suggesting they were politically motivated, indicating a high chance of unethical conduct from a public office.
Smith, who was appointed in November 2022 under Attorney General Merrick Garland’s administration, had some charges dismissed over questions about the constitutionality of his appointment. This doubt was voiced by Judge Clarence Thomas, among others.
Both the classified document case and the lawsuit concerning the 2020 election ultimately dissipated following Trump’s victory. Smith’s report hinted that had Trump not been elected, his reasoning could have been validated. Elie Honig, a CNN legal analyst, shared that the investigation is an unwelcome turn for Smith and emphasized that it could lead to further recommendations to the Department of Justice.
Concerns regarding transparency have also emerged. At a February confirmation hearing, Deputy Attorney General Todd Blanche noted that Smith’s team had withheld certain records related to the incident. Senator Chuck Grassley echoed these sentiments, accusing Smith’s team of unfair practices against Trump.
The DOJ has since terminated a prosecutor involved in Smith’s case. Additionally, former prosecutors from the Biden DOJ have diverted their careers towards opposing Trump, stoking further political tensions. In a notable incident, Trump stripped security clearances from members of a law firm that supported Smith, which had provided significant pro bono services previously.
Cotton has insisted that “no one is beyond the law,” encapsulating the ongoing tension surrounding these investigations.
