Post by : Jyoti Gupta

Photo:AP

Washington, D.C. – A serious investigation has begun into Jack Smith, the former special counsel who led two major criminal cases against Donald Trump before the 2024 U.S. presidential election. Federal officials are now looking into whether Smith’s actions broke important laws meant to protect the neutrality of government officials during political campaigns.

This comes at a time of deep political division in the United States, and the probe has already sparked fresh debates about the role of law enforcement in elections, the use of government power, and the protection of democratic institutions.

Who is Jack Smith and Why Was He Appointed?

Jack Smith is a former war crimes prosecutor and experienced government lawyer. In November 2022, he was chosen by the then-Attorney General of the United States to serve as special counsel, a position meant to ensure independence from political influence in criminal investigations.

He was tasked with leading two high-profile federal investigations into Donald Trump:

• The first case focused on Trump’s actions surrounding the January 6 Capitol riots and his alleged efforts to overturn the 2020 election results.
• The second case involved classified documents that Trump allegedly kept at his Florida estate after leaving the White House.

Smith’s investigations attracted massive public attention because they involved a former president who was also running again for office. Many Americans saw these cases as a test of whether anyone — even a former president — is above the law.

What Happened to the Cases Against Trump?

Both cases were filed and moved forward in court. But neither case reached the trial stage before the 2024 election. As the campaign progressed, Trump won the Republican nomination and faced off against President Joe Biden in a heated election.

However, following a widely criticized debate performance, Biden withdrew from the race and endorsed his Vice President, Kamala Harris, as the Democratic candidate. Despite this shift, Trump went on to win the election and was re-elected as President of the United States.

After Trump’s victory, the Department of Justice followed its long-standing policy of not prosecuting sitting presidents. Based on that policy, Jack Smith dropped both criminal cases and resigned from his position as special counsel shortly after.

Allegations of Political Bias and Violation of the Hatch Act

Now, Republican lawmakers, especially Senator Tom Cotton from Arkansas, are accusing Jack Smith of abusing his power during the election season. Cotton has officially requested an investigation into whether Smith broke the Hatch Act, a federal law that stops government officials from using their jobs to interfere in elections.

The Hatch Act is designed to prevent the use of government power for political purposes. It forbids government employees from taking actions that could unfairly affect the outcome of an election or help a specific political party.

Cotton and others argue that the timing of Smith’s criminal cases was suspicious, suggesting that the investigations were used to hurt Trump’s campaign and help the Democrats, particularly Biden and Harris.

Although no solid evidence has been made public, the Office of Special Counsel, which is an independent federal agency tasked with enforcing ethics rules, has confirmed that it is now reviewing Smith’s conduct.

Why This Investigation Matters

The investigation into Smith is not just about one man or one election — it touches on the much larger question of how justice is delivered in a democracy.

Critics fear that law enforcement could be used as a weapon in politics, turning prosecutors into political players instead of neutral defenders of the law. Others argue that ignoring criminal behavior by powerful politicians just because of an election would be even more dangerous.

Some political analysts also point out that there has been increasing distrust between Americans and their government in recent years. A case like this — involving accusations of bias, secret influence, and the handling of justice — could deepen that mistrust even further.

Meanwhile, Smith’s defenders say he simply followed the law and did his job. They argue that he never publicly commented on the political aspects of the cases and acted within his authority as a special counsel.

 Silence from the White House

The White House has chosen not to comment on the investigation. With Trump set to return to the presidency, the matter has become even more sensitive.

Some political observers believe that this investigation could create further tension between the incoming Trump administration and federal law enforcement agencies. Others warn that if Smith is found to have acted wrongly, it could shake public confidence in the entire justice system.

 What Happens Next?

The Office of Special Counsel will now conduct its own investigation. If it finds that Smith violated the Hatch Act, it could recommend disciplinary action. However, because Smith is no longer a government employee, options may be limited.

Still, the political fallout from this probe could have long-lasting effects:

• It may lead to changes in how special counsels are appointed and how they operate during election seasons.
• It could trigger congressional hearings into the use of justice during political campaigns.
• And it may fuel ongoing debates over whether U.S. institutions are truly neutral — or just tools in a larger political war.