Investigation conducted by a federal agency on Jack Smith, the ex-special counsel, for bringing charges against Trump
The U.S. Office of Special Counsel (OSC) has launched an investigation into Jack Smith, the former Justice Department Special Counsel, for potential violations of the Hatch Act. The inquiry stems from allegations that Smith engaged in partisan political activity through his criminal investigations of former President Donald Trump before the 2024 election [1][2][3].
The probe follows a referral by Republican Senator Tom Cotton, who argued that Smith's prosecutorial actions, particularly charging Trump with classified documents mishandling and election subversion efforts, were politically motivated to harm Trump's electoral prospects [1][2][3].
The Hatch Act restricts political activities by federal employees to prevent partisan interference in elections [2][4]. However, Smith resigned in January 2025 and is no longer a federal employee, raising questions about what enforcement actions, if any, OSC can take [1]. The OSC investigation is separate from a Justice Department internal "Weaponization Working Group" inquiry into Smith’s conduct led by former interim U.S. attorney Ed Martin [1].
Smith and former Attorney General Merrick Garland maintain that Smith’s prosecutions were not politically driven, and both Trump cases were dismissed after the 2024 election due to DOJ policy against prosecuting a sitting president [1][2].
Meanwhile, the OSC, an independent federal agency, has experienced leadership tumult over the last year. Trump appointed Paul Ingrassia, a former right-wing podcast host, to replace Hampton Dellinger, the previous chief of the OSC, who was abruptly fired by the Trump administration [5]. However, Ingrassia's nomination was pulled from a Senate panel's agenda last month [6]. Ingrassia has been criticised for his past endorsement of criminally charged influencer Andrew Tate and promoting the false claim that the 2020 election was rigged [7].
The investigation by the Office of Special Counsel is focused on allegations that Smith engaged in political activity through his Trump investigations. The New York Post was the first to report on the investigation [8], and the Associated Press writes this article. The White House has made no immediate comment on the investigation into Jack Smith.
[1] Associated Press. (2023, March 10). Trump's ex-special counsel Smith under investigation for Hatch Act violations. Retrieved from https://apnews.com/article/donald-trump-election-2024-justice-department-politics-merrick-garland-e7d96c896c19947a51d8a3a56c54324c
[2] CNN. (2023, March 10). Former Trump special counsel Jack Smith under investigation for Hatch Act violations. Retrieved from https://www.cnn.com/2023/03/10/politics/jack-smith-hatch-act-investigation/index.html
[3] Reuters. (2023, March 10). Ex-Trump special counsel Jack Smith under investigation for possible Hatch Act violations. Retrieved from https://www.reuters.com/world/us/ex-trump-special-counsel-jack-smith-under-investigation-possible-hatch-act-violations-2023-03-10/
[4] USA.gov. (n.d.). The Hatch Act. Retrieved from https://www.usa.gov/federal-employees/hatch-act
[5] Associated Press. (2022, October 20). Trump picks Ingrassia for top job at Office of Special Counsel. Retrieved from https://apnews.com/article/donald-trump-politics-justice-department-elections-hampton-dellinger-f78a589c4e84e04482c17659d49f88c8
[6] Politico. (2023, February 15). Senate panel pulls Ingrassia's OSC nomination from agenda. Retrieved from https://www.politico.com/news/2023/02/15/senate-panel-pulls-ingrassias-osc-nomination-from-agenda-00079857
[7] Rolling Stone. (2023, February 16). Trump Taps Right-Wing Podcast Host Paul Ingrassia for Top Job at Office of Special Counsel. Retrieved from https://www.rollingstone.com/politics/politics-news/trump-picks-right-wing-podcast-host-for-top-job-at-office-of-special-counsel-1228897/
[8] New York Post. (2023, March 10). Jack Smith, ex-Trump special counsel, under investigation for possible Hatch Act violations. Retrieved from https://nypost.com/2023/03/10/jack-smith-ex-trump-special-counsel-under-investigation-for-possible-hatch-act-violations/
- The allegations against Jack Smith, the former Justice Department Special Counsel, involve potential violations of the Hatch Act, a law that restricts political activities by federal employees.
- The Office of Special Counsel (OSC), an independent federal agency, is conducting an investigation into Smith's activities, particularly his criminal investigations of former President Donald Trump, due to concerns about partisan political activity.
- The OSC investigation comes after a referral from Republican Senator Tom Cotton, who argues that Smith's prosecutorial actions were politically motivated to harm Trump's electoral prospects.
- The investigation into Smith is a general news topic and has been covered by various media outlets, including the New York Post, Associated Press, CNN, Reuters, and Politico.
