Jack Smith Investigation Remains in Limbo as Watchdog Probe Continues

WASHINGTON, Aug. 28, 2025 - The Office of Special Counsel (OSC) investigation into former special counsel Jack Smith’s prosecutions of President Donald Trump remains unresolved today, with neither side announcing new developments.

Attorneys for Smith have repeatedly characterized the inquiry-launched at the behest of Senator Tom Cotton (R-Ark.) to determine whether Smith breached the Hatch Act by pursuing two criminal cases against Trump-as “imaginary and unfounded.” In a letter obtained on Tuesday, Smith’s lawyers, Lanny Breuer and Peter Koski, told acting OSC head Jamieson Greer that the investigation lacks any credible basis and that Smith “made prosecutorial decisions based solely on the evidence,” without regard to electoral considerations.

To date, the OSC has declined to comment on the status of its review. Sources familiar with the matter say the agency could take several months to complete its examination, which may include interviews with key Justice Department staff and a detailed review of case filings.

Smith, who oversaw the election-subversion and classified-documents probes against Trump before both cases were discontinued following Trump’s 2024 victory, has not issued any public statement beyond the attorneys’ letter. As the watchdog inquiry drags on, it continues to draw criticism from both sides of the aisle over potential politicization of career prosecutors and the scope of Hatch Act enforcement.

• The Associated Press