The Office of Special Counsel has initiated an investigation into former Special Counsel Jack Smith for allegedly breaching the Hatch Act, which prohibits federal employees from engaging in certain political activities. This inquiry, prompted by a request from Senator Tom Cotton, questions whether Smith’s investigations of former President Donald Trump interfered with the upcoming 2024 presidential election.
Senator Cotton directed acting Special Counsel Jamieson Greer, who also serves as America’s trade representative, to examine the timing and nature of Smith’s actions during his inquiries. In a letter dated last week, Cotton highlighted Smith’s two investigations—one focusing on Trump’s handling of classified documents and another related to the events of January 6, 2021—as possibly being influenced by political motives. He pointed out that Smith’s request for an expedited trial and his filing of a brief close to the election date raised concerns about the legitimacy of his actions.
According to Cotton, “These actions were not standard, necessary, or justified — unless Smith’s real purpose was to influence the election.” He criticized Smith for employing what he described as “far-fetched and aggressive legal theories” in prosecuting the Republican nominee for president.
During his tenure as special counsel, Smith opened two significant investigations in 2022. The first examined Trump’s management of classified documents post-presidency, while the second scrutinized whether Trump’s conduct on January 6 constituted an effort to overturn the results of the 2020 election. In July 2023, Trump faced 37 felony counts in connection with the classified documents case, including charges of making false statements and obstruction of justice. Following that, in August 2023, he was charged with four felony counts relating to the events of January 6.
After Trump’s victory in the 2024 election, a federal court granted Smith’s motion to dismiss the documents case without prejudice. Nevertheless, Smith sought to continue the case against two of Trump’s co-defendants while requesting permission to disclose case details to the public. In January 2025, a federal judge dismissed these charges, criticizing Smith for allegedly compromising the fairness of the trial for the co-defendants.
In June 2024, Trump called for the appointment of a special prosecutor to investigate his claims regarding the legitimacy of the 2020 election. The following month, Attorney General Bondi dismissed 20 employees from the Justice Department linked to Smith’s prosecutions, adding to the previous termination of 14 others.
The Office of Special Counsel, distinct from Smith’s former role, focuses exclusively on civil cases involving federal employees. The potential penalties for violating the Hatch Act include fines of up to $1,000 and disqualification from future federal service, underscoring the seriousness of the allegations against Smith.
