Jack Smith thought his days of being in the hot seat were over.
The former special counsel figured he could fade into the background after his failed prosecutions of Donald Trump.
But CNN legal analyst Elie Honig gave Jack Smith one assessment that revealed how much legal trouble he’s really in.
Smith’s Past Comes Back to Haunt Him
Jack Smith spent months trying to destroy Donald Trump’s 2024 Presidential campaign through weaponized prosecutions.
The former special counsel filed bogus criminal charges related to classified documents and alleged election interference.
Smith pushed for rushed trials designed to damage Trump before the election, but his scheme backfired spectacularly.
Now Smith finds himself on the other side of an investigation.
The Office of the Special Counsel opened an investigation into whether Smith violated the Hatch Act during his pursuit of Trump.
The Hatch Act restricts federal employees from engaging in political activities related to their jobs.
Republican Senator Tom Cotton referred Smith for investigation, arguing the special counsel engaged in "partisan, unlawful action" by pushing for expedited trials timed to hurt Trump’s campaign.
CNN Analyst Delivers Sobering Reality Check
CNN senior legal analyst Elie Honig appeared on "CNN News Central" to discuss Smith’s predicament.
What Honig revealed should have Smith very worried about his future.
"The most important thing to know here is this is not, at this point, a criminal investigation of Jack Smith," Honig explained. "It’s not a welcome development for him, to be sure, but it’s not a criminal investigation."
But Honig’s analysis got much worse for Smith from there.
The CNN analyst explained that while this starts as an ethics investigation, it could easily escalate into something far more serious.
"We don’t know where it could go. And the Office of Special Counsel could always draft a referral and a recommendation over to DOJ," Honig warned.
That means Smith could face criminal charges if investigators determine his actions crossed the line from unethical to illegal.
Honig made clear that Smith’s situation could deteriorate quickly.
"That’s the down the line, but for now, it’s focused on ethics, not potential crimes," he added.
Even a liberal legal analyst on CNN recognizes that Smith’s aggressive pursuit of Trump during the 2024 election cycle created serious legal exposure.
Smith’s Reckless Pursuit of Trump Backfires
Cotton’s referral detailed how Smith’s actions appeared designed to influence the 2024 election rather than pursue justice.
"Special Counsel Smith pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection to begin just two weeks before the Iowa caucuses," Cotton wrote.
No legitimate prosecutor would demand such an accelerated timeline for a case of this magnitude unless they had ulterior motives.
Smith also tried to bypass normal legal procedures by asking the Supreme Court to fast-track immunity arguments.
"Special Counsel Smith tried to bypass the normal process and go right to the Supreme Court, but gave no reason why his abnormal request should be granted," Cotton explained.
The real reason was obvious – Smith wanted a quick ruling that would damage Trump before the election.
"The real reason was to get a quick ruling to damage Trump before the election – a partisan, unlawful action," Cotton stated.
Smith’s cases ultimately collapsed after Trump’s election victory.
Judge Aileen Cannon dismissed the classified documents case, ruling that Smith’s appointment violated the Constitution.
Smith was forced to dismiss the election interference case after Trump won, following DOJ precedent against prosecuting sitting presidents.
The Tables Have Turned on Jack Smith
Smith spent months trying to destroy Trump through the legal system.
Now he faces the possibility of criminal charges for his own conduct.
The irony is thick – the man who weaponized the justice system against Trump could become its next target.
Honig’s analysis reveals that even Democrats recognize Smith’s precarious position.
When a CNN legal analyst admits an investigation isn’t "a welcome development" and could lead to criminal referrals, you know the situation is serious.
Smith gambled everything on stopping Trump’s return to power.
That bet didn’t just fail – it may have destroyed Smith’s own career and freedom in the process.
The former special counsel now faces the same kind of legal jeopardy he tried to inflict on Trump.
Justice has a way of coming full circle.
¹ Nicole Silverio, "CNN’s Elie Honig Says Office Of Special Counsel’s Investigation Is Not A ‘Welcome Development’ For Jack Smith," Daily Caller, August 4, 2025.
² Ibid.
³ Ibid.
⁴ Ibid.
⁵ Ibid.
⁶ Ibid.
⁷ Ibid.
⁸ Ibid.
