In a development that many conservatives view as long overdue, former Special Counsel Jack Smith is now under investigation by the U.S. Office of Special Counsel (OSC) for alleged violations of the Hatch Act — a federal law designed to keep political operatives from weaponizing government positions for partisan purposes.
According to Fox News Digital, which broke the story on August 2, the OSC confirmed that it is looking into allegations that Smith used his powerful role as special counsel to influence the 2024 election in favor of Joe Biden and Kamala Harris. While this is not a criminal investigation at this time, it could carry serious consequences for Smith’s reputation—and more importantly, for the perception of justice in America.
For those unfamiliar, the Hatch Act explicitly prohibits federal employees from engaging in political activity while performing official duties. And if the allegations against Smith are true, they paint a picture of a rogue prosecutor hell-bent on destroying President Trump to help Democrats retain power.
At the center of the storm is Senator Tom Cotton (R-AR), who has been relentlessly exposing Smith’s actions on social media and in Congress. In a powerful thread on X, Cotton stated plainly:
“Jack Smith’s legal actions 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.”
Cotton didn’t stop there. He laid out a damning timeline of events showing how Smith used his authority to fast-track Trump’s prosecution, trying to force a trial date just two weeks before the Iowa caucuses—an unprecedented move for a case of such complexity. He also accused Smith of attempting to bypass the judicial process by going directly to the Supreme Court without proper justification, purely to secure a quick ruling that could harm Trump politically.
“The real reason was to get a quick ruling to damage Trump before the election,” Cotton wrote. “A partisan, unlawful action.”
Even more troubling, Cotton pointed to a 165-page legal brief filed by Smith just six weeks before the 2024 election—in apparent violation of the DOJ’s 60-day rule, which is designed to prevent politically charged actions from interfering with elections. That brief included secret grand jury testimony and far exceeded normal page limits, which Cotton argued was clearly crafted to grab headlines and damage Trump.
“Why? To help Kamala and hurt Trump. There is no other reason,” Cotton stated.
The investigation by the OSC is not just about Jack Smith—it’s about accountability at the highest levels of government. It’s about whether unelected bureaucrats can be allowed to meddle in presidential elections with impunity. And it’s about restoring the American people’s faith in a justice system that too often seems to serve political elites instead of the law.
As Smith now finds himself under scrutiny, conservatives are watching closely. This may be the beginning of a long-overdue reckoning for those who abused their authority to target political opponents. As Senator Cotton said, “These were the actions of a political actor masquerading as a public official.”
And thanks to renewed scrutiny and oversight, the Swamp might finally be on notice.
