⚖️Federal probe investigates Jack Smith for partisan political activity
Justice
Ethics & Government Accountability
Constitutional Law
A federal investigation launched on August 2, 2025, to determine whether former Special Counsel Jack Smith violated the Hatch Act in his two criminal cases against President Trump. The U.S. Office of Special Counsel is examining whether Smith's prosecutorial actions crossed the line from legal enforcement into forbidden political advocacy. This represents the first formal investigation into the conduct of a prosecutor who led criminal cases against a sitting president, following a request by Senator Tom Cotton.
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Key Takeaways
- <ul><li><strong>Hatch Act investigations become weapons for targeting prosecutors who challenge presidential power</strong>: Jack Smith faced criminal referrals despite following Justice Department protocols established during previous administrations. Nixon similarly attacked Leon Jaworski and other Watergate prosecutors as partisan when they investigated presidential misconduct through standard legal procedures.</li><li><strong>Special counsel independence dies when political loyalists investigate the investigators</strong>: Senator Cotton requested the probe after Trump criticized Smith's prosecution timeline and scope. Congressional interference in ongoing prosecutions violates separation of powers principles that protect judicial proceedings from political retaliation.</li><li><strong>Prosecution becomes evidence of partisanship when presidents face accountability for criminal behavior</strong>: Smith's two criminal cases followed evidence and legal standards applied equally to other defendants charged with classified document violations. Authoritarian leaders worldwide characterize law enforcement as political persecution when legal systems hold them accountable.</li><li><strong>Career prosecutors face political retaliation for maintaining professional ethics and legal standards</strong>: The investigation chills future special counsel appointments by threatening criminal consequences for controversial but legally justified prosecutions. J. Edgar Hoover used similar tactics to intimidate Justice Department lawyers who challenged FBI overreach during the civil rights era.</li></ul>
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Why This Matters
Politicians now investigate prosecutors who tried to prosecute them
When leaders can retaliate against law enforcement, it sends a chilling message—challenge me and face consequences for your career.
Equal justice under law dissolves when prosecution becomes personal
If prosecutors fear investigation for doing their jobs, powerful people become untouchable while ordinary citizens face the full force of law.
Hatch Act weaponized to silence government lawyers
A law meant to prevent political activity is being twisted to punish career prosecutors for following evidence wherever it leads.
Demand Congressional oversight of retaliatory investigations at ethics.gov
File complaints when prosecutorial independence gets threatened—democracy depends on prosecutors following facts, not political pressure.
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Detailed Content
2
What federal law might Jack Smith have violated according to the U.S. Office of Special Counsel probe launched on August 2, 2025?
Multiple Choice
Ethics & Government Accountability
5
As Special Counsel appointed by Attorney General Merrick B. Garland on November 18, 2022, which two criminal investigations did Jack Smith oversee?
Multiple Choice
Ethics & Government Accountability
10
From a historical perspective, what does a government’s formal investigation into the conduct of independent prosecutors signal about the health of its democracy?
Multiple Choice
Ethics & Government Accountability
12
What makes this investigation historically unprecedented?
True/False
Ethics & Government Accountability
14
Under the Hatch Act of 1939 (5 U.S.C. § 7324(a)), are federal executive branch employees prohibited from engaging in partisan political activity while on duty?
True/False
Ethics & Government Accountability