The U.S. federal government has started a formal investigation into Special Counsel Jack Smith, who led criminal probes against Donald Trump in 2022. The U.S. Office of Special Counsel (OSC) announced it is reviewing whether Smith violated the Hatch Act, a law that “restricts government employees from political involvement.”

The investigation comes after Trump and several Republican leaders claimed that Smith targeted the former president with “no legal standing” in order to derail his campaign for a second term.

Smith Appointed Just Before Trump’s 2024 Bid

Critics have repeatedly pointed out that Attorney General Merrick Garland appointed Smith just three days before Trump officially launched his reelection campaign. Since then, Republican lawmakers have demanded accountability and questioned Smith’s motives.

Senator Tom Cotton argued that Smith’s legal actions were part of an unethical political strategy, stating that they were “nothing more than a tool for the Biden and Harris campaigns.” He added that this was likely “illegal campaign activity from a public office.”

Cotton also criticized the rushed legal timeline, noting that Smith pushed for jury selection “just two weeks before the Iowa caucuses.” According to Cotton, no other case of such complexity would move to trial that fast.

Smith Says He Acted Independently

In response to the allegations, Jack Smith has firmly denied that his actions were politically influenced. In his final report from January, he wrote that “the ultimate decision to bring charges against Mr. Trump was mine,” adding that he “fully stands behind” that choice.

He also insisted that “neither Garland nor anyone else at the DOJ” directed him to pursue Trump. Calling Trump’s claims “laughable,” Smith said that anyone who knows him would reject the idea that the Biden administration influenced his decisions.

Despite defending his position, Smith eventually resigned from the Justice Department following Trump’s election victory last November.

Charges Dropped, But Smith Blames Trump for Attacking Democracy

Though he dropped the case before leaving, Smith maintained that Trump was guilty. He stated that the evidence revealed “knowingly false claims of election fraud” used by Trump to “defeat a federal government function foundational to the United States’ democratic process.” Smith stressed that the process had worked peacefully for over 130 years—until Trump “obstructed it.”

More Political Fallout and What Happens Next

Earlier this month, Attorney General Pam Bondi fired 20 employees associated with Smith, just before the OSC’s announcement of the probe. The OSC does not have authority to charge Smith with a crime, but it can recommend disciplinary actions or send findings to the Department of Justice, which can then decide whether criminal charges are appropriate.