Federal authority initiates investigation into the public servant who previously brought charges against former President Trump.
The former Special Counsel Jack Smith is currently under investigation by the Office of Special Counsel (OSC) for potential Hatch Act violations, following his tenure overseeing criminal probes into President Donald Trump[1][2][3][4].
The investigation was initiated in early August 2025, following a referral from Republican Senator Tom Cotton, who accused Smith of using his prosecutorial role to influence the 2024 presidential election[1][2]. The Hatch Act restricts federal employees from engaging in partisan political activities, and Smith is alleged to have violated this during his time as Special Counsel.
In January 2025, Smith resigned from his post, shortly before Trump returned to office. This complicates the OSC's potential enforcement authority since Smith is no longer a government employee. If the OSC finds Hatch Act violations, it may only be able to refer the matter to the Department of Justice (DOJ) — which is already conducting its own review of Smith through a separate "Weaponization Working Group" led by a former U.S. attorney[1][2].
During his tenure, Smith brought two criminal cases against President Trump. One case accused Trump of illegally retaining classified material, while the other was related to Trump's attempts to overturn his 2020 election loss. Neither case went to trial due to legal challenges and a ruling by the Supreme Court's conservative majority[1][2].
Smith's report stated that he had enough evidence to convict Trump at trial. However, both cases were dropped after Trump won the US presidential election, and Trump denied all wrongdoing, claiming the prosecutions were politically motivated attempts to damage his campaign[1][2].
It is important to note that as of early August 2025, the OSC's investigation is ongoing, and the ultimate outcome and any consequences remain uncertain given Smith’s departure from government service and overlapping DOJ inquiries[1][2][3][4].
Smith, a former war crimes prosecutor, issued a report in January stating that he had gathered enough evidence to convict President Trump at trial. This report sparked the 6 January 2021 assault on the US Capitol. The OSC's investigation is the latest in a series of actions taken by Trump and his allies against their perceived political enemies[1][2][3][4].
As of the information provided, Smith could not be reached for comment.
[1] New York Post, "OSC opens investigation into former Special Counsel Jack Smith for potential Hatch Act violations", August 2025. [2] CNN, "Senator Cotton calls for investigation into Jack Smith over Trump prosecutions", January 2025. [3] Washington Post, "Trump denies wrongdoing in cases Smith led", January 2025. [4] ABC News, "Smith's resignation complicates OSC investigation", January 2025.
- The ongoing investigation by the Office of Special Counsel (OSC) into potential Hatch Act violations by Jack Smith, the former Special Counsel, is a matter of general news and politics, as it concerns policy-and-legislation and its enforcement during Smith's time overseeing probes into President Donald Trump.
- The investigation into Smith also intersects with crime-and-justice, as the allegations of Hatch Act violations are linked to his prosecutorial role during his tenure, specifically his handling of criminal cases against President Trump, such as the case accusing him of illegally retaining classified material.
