Federal authorities are investigating the special counsel who led prosecutions against former President Trump, according to a report.
The U.S. Office of Special Counsel (OSC) has launched an investigation into Jack Smith, a former special counsel who led two federal criminal cases against President Donald Trump, for potential violations of the Hatch Act. The probe focuses on whether Smith's investigative and prosecutorial actions against Trump prior to the 2024 election were politically motivated, as alleged by Republican Senator Tom Cotton.
Smith, who was appointed special counsel in 2022, had led two high-profile criminal investigations into Trump—one concerning classified documents and another alleging efforts to subvert the 2020 election. However, both cases were dismissed after Trump’s 2024 reelection due to Department of Justice (DOJ) policy against prosecuting a sitting president. Smith resigned in January 2025, shortly before Trump took office again.
The OSC, which primarily protects whistleblowers and enforces the Hatch Act, is an independent agency and cannot pursue criminal charges. It is unclear what enforcement action it can take against Smith, who is no longer a government employee. The Department of Justice (DOJ) is separately investigating Smith and other prosecutors involved in Trump cases through a “Weaponization Working Group” led by former interim U.S. Attorney Ed Martin.
Smith and former Attorney General Merrick Garland have maintained that their investigations were not politically driven. Smith's legal team has not publicly responded to the Hatch Act probe as of early August 2025.
The Hatch Act restricts federal employees from engaging in partisan political activities. The most severe penalty under the Hatch Act (termination of employment) would not apply to Smith as he has already resigned.
This investigation comes amidst a broader scrutiny of the DOJ and federal agencies under Trump's administration. Since taking office, President Trump has stripped former officials of their security clearances and protective details, targeted law firms involved in past cases against him, and pulled federal funding from universities.
In related news, the FBI has opened criminal investigations into former FBI director James Comey and ex-Central Intelligence Agency (CIA) chief John Brennan. Maurene Comey, a federal prosecutor who handled the case of Jeffrey Epstein, was abruptly fired last month. Jeffrey Epstein has been repeatedly linked to President Trump.
The investigation into Jack Smith is ongoing, with the OSC conducting its review, while the DOJ undertakes a parallel inquiry into prosecutorial conduct. The public awaits the outcome of these investigations with keen interest.
Sources: - ABC News, 2025-08-02: OSC opens Hatch Act probe of Jack Smith - CBS News, 2025-08-02: Investigation into Jack Smith for alleged Hatch Act violations - Neither case against Trump came to trial. - The Office of Special Counsel is investigating Jack Smith for potentially violating the Hatch Act. - The agency, which monitors the conduct of federal employees, did not immediately respond to a request for comment by AFP.
- The ongoing investigation by the Office of Special Counsel (OSC) into Jack Smith, a former special counsel, raises questions about the political impartiality of war-and-conflicts and politics-related investigations, particularly in the context of policy-and-legislation and general-news.
- The Hatch Act probe against Jack Smith, who led two high-profile criminal cases against President Donald Trump, also sheds light on the crime-and-justice system, as political motivations in investigative and prosecutorial actions could potentially undermine trust in legal institutions.
