The U.S. Office of Special Counsel has opened a whistleblower investigation into Jack Smith. He’s the former special counsel who investigated Donald Trump’s criminality in three distinct and historic investigations. Smith, 56, is a former Department of Justice prosecutor. In 2023, he achieved national prominence by being the first to bring two separate criminal indictments against the former president. The inquiry stems from concerns raised by Arkansas Senator Tom Cotton, who alleges that Smith’s actions may represent “unprecedented interference in the 2024 election.”
In November 2022, Attorney General Merrick Garland appointed Smith as special counsel. This decision was made only three days after then-business mogul Trump declared his candidacy for a second run at the White House. Over his short tenure, Smith led a number of major investigations. He was the prosecutor who took a hard look at Trump’s role in instigating the January 6 Capitol crew and a close look at Trump’s purported mismanagement of classified docs.
By that time, in January 2024, Smith was out the door as special counsel. His inquiries were controversial, especially due to the timing of Trump’s legal proceedings. Senator Cotton criticized Smith trying to advocate for a “fast-tracked trial.” Here, he maintained, beginning jury selection just weeks before the vital Iowa caucuses is unprecedented for any case of similar stature.
That’s how Smith’s investigation into Trump’s mishandling of classified documents got derailed. One report he authored was subsequently blocked from publication. Each of these factors has stoked the ire of Republican lawmakers, who see Smith’s moves as a political witch hunt.
The investigation looks into Smith’s actions to determine if she violated the Hatch Act. This law prohibits federal employees from engaging in partisan activities during their official duty time. Senator Cotton stated that the investigations led by Smith “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.”
As this important investigation continues, it raises important issues about the intersection of law and politics. This is deeply important, particularly given how highly charged this electoral cycle is. This line of questioning would be devastating to Smith. Perhaps most importantly, it has the potential to alter the political landscape as we head into the 2024 presidential election.