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Article: 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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Question: What criticism has been directed at government regarding the Office of Special Counsel's investigation into Jack Smith?
Original Model Response (being analyzed): Based on the article you provided, the primary criticism directed at the government regarding the Office of Special Counsel's (OSC) investigation into former Special Counsel Jack Smith centers on allegations of political misuse of public offices during the previous administration. Specifically:
- **Accusations of Political Targeting and Election Interference**: Sen. Tom Cotton (R-Ark.), in his letter to the OSC, criticizes the government—particularly the Biden administration—for appointing Jack Smith as special counsel and allowing him to use his position to target President Donald Trump for political reasons. Cotton claims that Smith's investigations and legal actions were not based on legitimate legal grounds but were instead a "tool for the Biden and Harris campaigns," constituting unethical and potentially illegal interference in the 2024 election. He argues that this represents a broader misuse of public office to influence election outcomes, violating federal law.
- **Implications for Government Accountability**: The criticism extends to the perception that the government under President Joe Biden prioritized partisan agendas over impartial justice. Cotton describes Smith's actions as those of a "political actor masquerading as a public official," implying that the administration enabled or endorsed this behavior. This has prompted the OSC's investigation, with supporters like Senior Counsel Charles Baldis emphasizing that "no one is above the law," which underscores the need for accountability.
This criticism highlights concerns about the integrity of government institutions, such as the Department of Justice, and their potential weaponization for political gain. It reflects ongoing partisan debates about the role of special counsels and the balance of power in U.S. politics.