Jack Smith, the lawyer whom the Biden administration selected to bring targeted prosecutions against President Donald Trump, is now under investigation. 

The New York Post reports that the investigation has been launched by the Office of Special Counsel.

Smith is the prosecutor who infamously brought two dubious cases against Trump: the classified documents case in Florida and the election interference case in Washington, D.C. Both efforts failed.

🚨 BREAKING: The U.S. Office of Special Counsel is NOW INVESTIGATING Jack Smith.

They suspect he may have violated the Hatch Act.

He went after Trump.

FAFO. pic.twitter.com/SnRAuXqNpj

— Eric Daugherty (@EricLDaugh) August 1, 2025

Here's what we know:

It appears that the Office of Special Counsel is investigating whether or not Smith violated the Hatch Act.

The Post reports:

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 Department of Justice. The email was written by Senior Counsel Charles Baldis at OSC.

A more detailed description of the Hatch Act is provided by the Office of Special Counsel.

It writes:

​​​​​​​​​​​​​​​​​The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. ​The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.​​​​ ​​

The investigation appears to have been launched after U.S. Sen. Tom Cotton (R-AK) argued to the office that Smith's prosecution of Trump was designed to undermine Trump's 2024 presidential campaign.

"No one is above the law"

Cotton wrote a letter about the situation to the chairman of the Office of Special Counsel.

In that letter, Cotton wrote, "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."

Cotton also provided a separate statement on the matter.

In it, he said, "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."

The Office of Special Counsel explains:

An employee who violates the Hatch Act is subject to a range of disciplinary actions, including removal from federal service, reduction in grade, debarment from federal service for a period not to exceed 5 years, suspension, letter of reprimand, or a civil penalty not to exceed $1,000.