Former federal prosecutor Andrew Weissmann has dismissed the possibility of criminal charges being brought against Jack Smith, the former special counsel who led investigations into President Donald Trump. Weissmann suggests that such a move would ultimately backfire on the president.

According to The Hill, the Office of Special Counsel (OSC) confirmed it is investigating Smith over allegations that he engaged in political activity through his investigations of Trump. The confirmation came this weekend.

Weissmann emphasized that the OSC probe is focused on potential violations of the Hatch Act, which is a civil statute, rather than any criminal wrongdoing. This distinction is significant as it limits the scope and potential consequences of the investigation.

Trump Would Likely Avoid Public Trial Scenario

Weissmann, who previously served on former special counsel Robert Mueller's team investigating Russian interference in the 2016 election, suggested that pursuing charges against Smith would create an undesirable situation for Trump. He noted that a trial would provide Smith with a public platform.

"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 MSNBC interview. This assessment stems from Trump's previous legal strategies.

Trump has historically worked to avoid public trials, according to Weissmann. A case against Smith would potentially undermine this approach by creating exactly the type of public legal forum Trump has sought to prevent.

Smith's History As Special Counsel Investigator

Smith was appointed by former Attorney General Merrick Garland in November 2022 to oversee investigations into Trump. The appointment came at a politically sensitive time and led to significant legal actions.

Under Smith's direction, two major cases were brought against Trump: one regarding efforts to overturn the 2020 election results and another concerning his handling of classified documents after leaving office. Both cases have since been dismissed, though they represented significant legal challenges for Trump.

The dismissal of these cases hasn't ended scrutiny of Smith's work, as evidenced by the current OSC investigation. The probe focuses specifically on whether Smith violated rules prohibiting political activity by federal employees.

Predictions About Investigation Outcomes

Weissmann expressed skepticism about the investigation yielding significant results against Smith. His assessment suggests the probe may be more politically motivated than legally substantive.

"He spent years trying to avoid, and largely being successful, avoiding any of these cases going to trial," Weissmann said about Trump's legal strategy. This historical pattern informs his prediction about how the current situation might unfold.

Weissmann further noted that judges had previously rejected allegations of selective prosecution in Trump-related cases. This precedent could make it difficult to establish that Smith's actions were politically motivated rather than legally justified.

Potential Implications For Special Counsel Role

The investigation into Smith raises broader questions about the independence and functioning of special counsels in politically charged investigations. This probe could affect how future special counsels approach their responsibilities.

While Weissmann acknowledged he wasn't surprised the OSC opened an investigation, his comments suggest it may be a procedural response rather than an indication of serious misconduct. The investigation comes amid ongoing debate about the role of special counsels.

The Hatch Act, which prohibits federal employees from engaging in certain political activities, serves as the basis for the investigation. Understanding the specific activities that might constitute violations will be central to the OSC's work.