Federal authorities are probing allegations of a Hatch Act infraction by former Trump prosecutor Jack Smith.
The former special counsel, Jack Smith, is currently under investigation by the U.S. Office of Special Counsel (OSC) for a potential violation of the Hatch Act. This probe was initiated following a referral by Republican Senator Tom Cotton, who alleged that Smith’s prosecutorial actions were politically motivated and intended to harm President Donald Trump’s 2024 reelection prospects [1][2].
The Hatch Act restricts certain political activities of federal employees, particularly prohibiting them from engaging in partisan political actions while in government roles. The allegation is that Smith’s efforts, including seeking speedy trial dates in the final 60 days before the election, could be seen as political activity under the law [3][4].
However, the OSC is an independent agency and not a criminal investigative body; moreover, Smith is no longer a government employee, which complicates potential enforcement actions against him. The Department of Justice has also been investigating this matter independently through its "Weaponization Working Group" [1].
Jack Smith was appointed special counsel in November 2022 by Attorney General Merrick Garland, three days after President Trump announced his campaign for the 2024 election [5]. Smith’s cases against Trump brought two criminal indictments in 2023 for the mishandling of classified documents and the Jan. 6 Capitol attack [1]. However, the cases could not reach trial as Smith resigned just over one week after Trump’s inauguration in 2024 [1][6].
In the final report published by Jack Smith, he defended his actions and expressed that while they were not able to bring the cases to trial, the fact that they stood up for the rule of law matters [7]. Smith also wrote a letter to Attorney General Merrick Garland attached to the report, stating that the example his team set for fighting for justice matters [8].
Senator Tom Cotton, R-Ark., has called for the OSC to investigate Smith’s actions during the 2024 election, believing that they were likely illegal campaign activity from a public office [9]. Cotton also alleges that Smith pushed for an out-of-the-ordinary, rushed trial for Trump [10]. However, Smith believes that had voters not returned Trump to the White House, the cases he charged would have resulted in a conviction [11].
No definitive conclusion has been reached yet, and Smith and the Department of Justice have maintained that his investigations were not politically motivated [1][2]. Trump has denied all wrongdoing, and both cases against him were resolved without trial after his reelection [1][3]. The U.S. Office of Special Counsel has initiated an investigation into Smith’s actions, but it remains to be seen whether any violations of the Hatch Act will be found.
The investigation by the U.S. Office of Special Counsel (OSC) concerning Jack Smith, focusing on potential Hatch Act violations, is a matter of policy-and-legislation and general news, given the concerns about Smith's prosecutorial actions during the 2024 election being politically motivated. As Smith's conduct, such as pursuing speedy trial dates in the election's final 60 days, could be viewed as partisan political activity under the law.
