Former Special Counsel Jack Smith spent much of last year attempting to prosecute President Donald Trump over his actions following the 2020 election.

Yet in a development which may leave Democrats panicking, Smith is now the one who faces an investigation. 

Smith is being investigated over possible Hatch Act violations

According to the New York Post, the Office of the Special Counsel (OSC) has opened a probe into Smith's conduct vis-à-vis Trump.

It is being overseen by the Hatch Act Unit, which is responsible for enforcing a federal law that bars government employees from engaging in political activity.

The Post noted that this was confirmed in an email written this past week by Charles Baldis, who serves as senior counsel at the OSC.

Sen. Tom Cotton: Smith was "a tool for the Biden and Harris campaigns"

The Post pointed out how news of the OSC's investigation came just days after it received a letter from Arkansas Republican Sen. Tom Cotton.

Cotton also leveled allegations against the former special counsel in a series of social media posts, writing, "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."

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. Let’s take a look at just how egregiously Smith used his DOJ role to influence the election:

— Tom Cotton (@SenTomCotton) July 30, 2025

"Special Counsel Smith pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection to begin just two weeks before the Iowa caucuses," Cotton declared.

"No other case of this magnitude and complexity would come to trial this quickly," the Republican legislator went on to insist.

Cotton welcomes OSC investigation

He further asserted that Smith's "actions were not standard, necessary, or justified" but were instead "the actions of a political actor masquerading as a public official."

Cotton, who serves as chair of the Senate Intelligence Committee, reiterated that message in a statement he provided to the Post.

"Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable," Cotton said.