The U.S. Office of Special Counsel (OSC) has launched an investigation into former special counsel Jack Smith for allegedly violating the Hatch Act during his role in prosecuting President Donald Trump. The probe, confirmed by the OSC to Fox News, centers on whether Smith used his position to unlawfully interfere in the 2024 presidential election.
Smith, who previously served under Attorney General Merrick Garland, oversaw two high-profile investigations into Trump: one regarding classified documents and another related to Trump’s conduct on January 6, 2021. Both cases were ultimately dismissed. Smith resigned from the Department of Justice in January after failing to bring the cases to trial.
Sen. Tom Cotton (R-AR) formally requested the investigation, accusing Smith of engaging in politically motivated actions. “President Trump’s astounding victory doesn’t excuse Smith of responsibility for his unlawful election interference,” Cotton wrote. He urged the OSC to determine whether Smith or members of his team acted with political intent.
The Hatch Act prohibits federal employees from engaging in political activities while performing official duties. The OSC’s Hatch Act Unit is now reviewing Smith’s conduct. According to an internal email obtained by The New York Post, Senior Counsel Charles Baldis confirmed the unit’s active review.
Smith’s departure came just days before President Trump’s inauguration. Breitbart News reported that his office was attempting to rush the release of its findings before Trump returned to power. After taking office, Trump revoked the security clearances of attorneys from Covington & Burling LLP, the firm that assisted Smith, pending an internal review into their roles in what the administration labeled “the weaponization of the judicial process.”
This investigation highlights ongoing concerns among conservative lawmakers and officials over the use of federal agencies to pursue politically charged cases. Smith’s targeting of Trump—now under scrutiny—raises broader questions about neutrality in the Justice Department during the last administration.
