The U.S. Office of Special Counsel, on Saturday launched an investigation into former Department of Justice special counsel Jack Smith for potential violations of the Hatch Act—a federal law that limits political activity by government employees.
The probe comes after Republican Senator Tom Cotton of Arkansas formally requested an investigation, accusing Smith of “unprecedented interference” in the 2024 presidential election through his legal actions targeting President Donald Trump.
Smith, who previously served as a DOJ prosecutor, was appointed as special counsel in 2022 by then-Attorney General Merrick Garland. His appointment came just three days after Trump announced his campaign for a second term in the White House. Smith was tasked with leading investigations into Trump’s role in the January 6 Capitol breach and his alleged mishandling of classified documents.
Critics, especially from within the Republican Party, have argued that the investigations were politically motivated and timed to damage Trump’s 2024 campaign efforts. Smith’s aggressive legal strategy, including fast-tracking trial proceedings, has been at the center of these concerns.
In a series of social media statements last week, Senator Cotton blasted Smith’s actions, claiming they were “nothing more than a tool for the Biden and Harris campaigns.” Cotton argued that Smith’s legal maneuvering was not only unethical but also potentially illegal, characterizing it as campaign activity conducted from within a public office.
“Smith pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection scheduled just two weeks before the Iowa caucuses,” Cotton wrote. “No other case of this size or legal complexity would be moved to trial so quickly.”
The Hatch Act, enacted in 1939, prohibits most federal employees from engaging in political campaign activities while on duty or using their official authority to influence an election. The law is meant to keep federal agencies politically neutral.
It’s important to note that the U.S. Office of Special Counsel investigating Smith is a separate entity from the Department of Justice’s special counsel division, where Smith held his previous role. While the OSC cannot bring criminal charges, it can recommend disciplinary action or refer findings to the Department of Justice for further review.
Smith brought two high-profile criminal indictments against Trump in 2023—one related to election interference and the other concerning the handling of classified materials. However, he resigned from his position in January 2025 before either case went to trial.
His departure came shortly after the Department of Justice petitioned a federal appeals court to overturn a lower court decision that blocked the release of Smith’s report on Trump’s efforts to overturn the 2020 election. A second report authored by Smith, focused on Trump’s handling of classified documents, was also kept from public release.
The investigation by the independent Office of Special Counsel now raises new questions about whether Smith’s actions as special counsel crossed legal or ethical boundaries in the context of an active presidential campaign.
As scrutiny over politically charged investigations intensifies ahead of the 2024 election, the outcome of this inquiry could have broader implications for how federal law enforcement handles politically sensitive cases.
The case remains ongoing.