Former Department of Justice lawyer Andrew Weissmann says a civil investigation into former special counsel Jack Smith could unintentionally offer a public forum to revisit evidence against Donald Trump—something the president has long tried to avoid.
OSC Probes Smith For Alleged Hatch Act Violations During Trump Investigations
The U.S. Office of Special Counsel (OSC) confirmed it is investigating Smith over allegations he engaged in political activity during his prosecution of Trump, potentially violating the Hatch Act, a civil statute, as reported by The Hill
Weissmann, who served on Robert Mueller's Russia probe team, downplayed the severity of the inquiry but warned it could give Smith a chance to publicly showcase the very evidence Trump wants buried.
"If they were actually to bring a case, this is the last thing that you would think the Trump administration and Trump, himself, would want," Weissmann said during an appearance on MSNBC.
Trump May Accidentally Give Smith A National Platform To Revive Evidence
Weissmann noted that Trump has consistently tried to avoid court proceedings. "He spent years trying to avoid, and largely being successful, avoiding any of these cases going to trial," Weissmann said. "And if he's going to have a trial here, that's going to be a forum for Smith and people to put on the evidence that he has tried, for so long, to avoid."
Smith was appointed by then-Attorney General Merrick Garland in 2022 to lead investigations into Trump's efforts to overturn the 2020 election and his handling of classified documents. Both cases have since been dismissed.
Trump Avoids Prison As Judge Issues Unconditional Discharge
In January 2025, Trump received an unconditional discharge in his New York hush money case after being found guilty on 34 felony counts of falsifying business records. The sentence meant he faced no prison time or probation. Judge Juan Merchan at the time emphasized that Trump was not above the law, despite his status.
Prosecutors have also criticized Trump for showing no remorse and for undermining the justice system, while Trump and his legal team claimed the case had been politically motivated. Trump had called the trial unfair and cited his 2024 election victory as the public's final judgment.
Trump Seeks To Shift Hush Money Conviction To Federal Court
In June 2025, Trump's legal team asked a federal appeals court to move his New York hush money case into the federal system, arguing the charges related to official acts tied to his time in office.
The appeal, heard by a three-judge panel in Manhattan, centered on Trump's felony conviction for falsifying business records linked to a 2016 payment to adult film star Stormy Daniels.
Trump's attorney, Jeffrey Wall, claimed testimony from former White House officials supported federal jurisdiction, stating, "Everything about this cried out for a federal court room." Trump did not attend the hearing.
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