Office of Special Counsel launches investigation into Jack Smith: ‘No one is above the law’

Special Counsel Jack Smith speaks to the press at the US Department of Justice in Washington, DC, on June 9, 2023, announcing the unsealing of the indictment against former US President Donald Trump. Smith, the prosecutor in the unprecedented criminal case against Trump said Friday that US law applies to everyone no matter their status, and pledged to pursue a speedy trial. "We have one set of laws in this country, and they apply to everyone," said Smith, shortly after a 37-count indictment accusing Trump of illegally taking highly classified documents was unsealed. (Photo by Mandel NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images)
Former Special Counsel Jack Smith speaks to the press at the US Department of Justice in Washington, DC, on June 9, 2023, announcing the unsealing of the indictment against US President Donald Trump. (Photo by Mandel NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images)

OAN Staff Abril Elfi 
3:15 PM – Saturday, August 2, 2025

The Office of Special Counsel (OSC) has launched a formal investigation into former special counsel Jack Smith.

The OSC opened an investigation into Smith following a letter from Senate Intelligence Committee Chair Sen. Tom Cotton (R-Ark.) that accuses Smith of using his position to politically target President Donald Trump during the 2024 election.

Smith, who was appointed by Attorney General Merrick Garland under former President Joe Biden, resigned from his role at the Department of Justice in January, shortly after Trump returned to office.

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In his letter to the OSC earlier this week, Cotton alleged that Smith’s conduct constituted a misuse of public office to interfere with an election.

“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 said.

Cotton claimed Smith’s legal decisions had no legitimate basis outside of attempting to influence the outcome of the election.

“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.”

“These actions were not standard, necessary, or justified,” he added. “They were the actions of a political actor masquerading as a public official.”

Senior Counsel Charles Baldis at OSC said in an email reviewed by the New York Post that “none is above the law.”

“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,” he wrote. 

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