Charles Baldis [[Hatch Act]] # Ex-Trump prosecutor Jack Smith under investigation by Office of Special Counsel after claims of playing politics: ‘No one is above the law’ By  [Lydia Moynihan](https://nypost.com/author/lydia-moynihan/) Published [[August 1, 2025]], 6:30 p.m. ET 885 Comments AI-powered exoskeletons are helping paralyzed patients walk again 00:01 / 10:01 The Office of Special Counsel has launched a formal investigation into Jack Smith, the first official legal probe into his conduct, The Post has learned.  Smith is the justice department lawyer who oversaw two [criminal investigations](https://nypost.com/2024/11/13/us-news/special-counsel-jack-smith-stands-down-in-trump-classified-docs-case-asks-court-to-halt-appeal/) into President [[Donald Trump]] during the Biden administration, one into Trump's handling of classified documents, the other as to whether his actions on [[January 6, 2021]], were an attempt to overturn the 2020 election. Both [cases were dismissed](https://nypost.com/2025/01/21/us-news/federal-judge-blocks-release-of-jack-smith-report-on-trump-documents-case/). An email reviewed by The Post states The [[Hatch Act]] Unit, which enforces a law restricting government employees from engaging in political activities, has begun reviewing the former Special Counsel for the United States [[DOJ]]. The email was written by Senior Counsel [[Charles Baldis]] at OSC. AD [4](https://nypost.com/2025/08/01/us-news/official-investigation-into-trump-prosecutor-jack-smith-launched/?utm_term=MANUAL&utm_medium=browser_notifications&utm_source=pushly&utm_content=Politics,News&utm_campaign=64744713# "Open a slideshow of all 4 article images.") [[Jack Smith]] was appointed by President Biden's Attorney General [[Merrick Garland]] and resigned from his post as Special Council for the [[DOJ]] in January, after Trump assumed power.AP “I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith’s conduct. No one is above the law. "Jack Smith's actions were clearly driven to hurt President Trump's election, and Smith should be held fully accountable," said Senate Intelligence Committee chair Sen [[Tom Cotton]] (R-Ark.) in a statement to The Post. AD ## Explore More [](https://nypost.com/2025/08/02/us-news/allegedly-drunk-illegal-kills-mom-girl-in-nj-head-on-crash-authorities/) ### [Illegal migrant — not deported despite DUI and domestic violence raps — allegedly kills NJ mom, her daughter in horrific wrong-way crash](https://nypost.com/2025/08/02/us-news/allegedly-drunk-illegal-kills-mom-girl-in-nj-head-on-crash-authorities/) [](https://nypost.com/2025/08/01/us-news/new-details-shed-light-on-why-teen-killed-family-in-washington-lawyer/) ### [New details about Seattle teen's upbringing reveal why he may have wanted to kill his parents, 3 siblings](https://nypost.com/2025/08/01/us-news/new-details-shed-light-on-why-teen-killed-family-in-washington-lawyer/) [](https://nypost.com/2025/08/02/us-news/two-convicted-murderers-released-without-bail-after-narcotics-dealing-arrest-insanity/) ### [Two convicted NYC killers released without bail after drug-dealing arrests in tony Greenwich Village: 'Insanity'](https://nypost.com/2025/08/02/us-news/two-convicted-murderers-released-without-bail-after-narcotics-dealing-arrest-insanity/) OSC opened the investigation into Smith after [[Tom Cotton]] [wrote a letter](https://x.com/SenTomCotton/status/1950616831397642291) earlier this week alleging Smith took blatantly political action to undermine President Trump in his 2024 bid. Smith, who was appointed by President [[Joe Biden]]'s Attorney General [[Merrick Garland]], [resigned from his post](https://nypost.com/2025/01/11/us-news/jack-smith-resigns-from-doj-after-leading-two-trump-prosecutions/) as Special Council for the [[DOJ]] in January, [after Trump assumed power](https://nypost.com/2024/11/13/us-news/special-coounsel-jack-smith-plans-to-retire-before-trump-takes-office/). [4](https://nypost.com/2025/08/01/us-news/official-investigation-into-trump-prosecutor-jack-smith-launched/?utm_term=MANUAL&utm_medium=browser_notifications&utm_source=pushly&utm_content=Politics,News&utm_campaign=64744713# "Open a slideshow of all 4 article images.") “Jack Smith’s legal actions were nothing more than a tool for the [[Joe Biden]] and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office,” Sen. [[Tom Cotton]] wrote. Getty Images [4](https://nypost.com/2025/08/01/us-news/official-investigation-into-trump-prosecutor-jack-smith-launched/?utm_term=MANUAL&utm_medium=browser_notifications&utm_source=pushly&utm_content=Politics,News&utm_campaign=64744713# "Open a slideshow of all 4 article images.") Under Jack Smith's watch the [[FBI]] raided Trump's home at Mar-a-Lago to search for documents.US Justice Department/AFP via Getty Images Smith’s actions as prosecutor have been widely criticized by Republicans who saw the prosecutions as an effort to weaponize the justice system against Trump and hobble his election chances in 2024. In his letter to OSC, [[Tom Cotton]] explains how Smith's actions undermined Trump's political efforts. "Jack Smith's legal actions were nothing more than a tool for the [[Joe Biden]] and Harris campaigns. This isn't just unethical, it is very likely illegal campaign activity from a public office," [[Tom Cotton]] said.  “Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results – actions that would violate federal law.” [4](https://nypost.com/2025/08/01/us-news/official-investigation-into-trump-prosecutor-jack-smith-launched/?utm_term=MANUAL&utm_medium=browser_notifications&utm_source=pushly&utm_content=Politics,News&utm_campaign=64744713# "Open a slideshow of all 4 article images.") Jack Smith investigated President Trump’s handling of the 2020 election.REUTERS AD [[Tom Cotton]] accuses Smith of blatant political actions to interfere with Trump's 2024 presidential run, including speeding up his investigation to schedule trial dates that would interfere with important political moments, such as the Iowa caucuses. 885 What do you think? [Post a comment.](https://nypost.com/2025/08/01/us-news/official-investigation-into-trump-prosecutor-jack-smith-launched/?utm_term=MANUAL&utm_medium=browser_notifications&utm_source=pushly&utm_content=Politics,News&utm_campaign=64744713#spotim-specific) "These actions were not standard, necessary, or justified," [[Tom Cotton]] added. "They were the actions of a political actor masquerading as a public official." AD Smith has not publicly responded to [[Tom Cotton]]'s allegations. During his tenure, Smith maintained that his investigations followed legal protocols and were independent of political influence. Smith didn’t immediately respond to a request for comment from The Post.