Investigation Launched Against Former Trump Prosecutor Jack Smith by Independent Political Oversight Body
The U.S. Office of Special Counsel (OSC), an independent watchdog agency, is currently investigating Jack Smith, the former Justice Department special counsel, on allegations of political activity through his inquiries into Donald Trump. The probe was initiated following a referral by Republican Senator Tom Cotton, who accused Smith of bias intended to harm Trump and benefit Joe Biden and Kamala Harris politically [1][2][3][4].
The investigation centres around allegations that Smith’s prosecutorial actions, specifically his criminal cases filed in 2023 against Trump for conspiring to overturn the 2020 election and for mishandling classified documents, were politically motivated, given their timing before the 2024 presidential election. However, no clear evidence has been publicly detailed that these probes were political in nature, and both Smith and then-Attorney General Merrick Garland repeatedly denied any political influence in the cases [1][2][3][4].
The Hatch Act prohibits federal employees from engaging in partisan political activity while performing official duties. The OSC does not have criminal enforcement authority but can impose fines or other sanctions if violations are found. The investigation is focused on whether Smith’s role as special counsel crossed the line into prohibited political activity by pursuing cases that some claim were intended to affect the presidential election outcome [1][2].
Smith's cases against Trump were dismissed following the 2024 election because of a Justice Department policy that generally forbids prosecuting a sitting president. Neither case went to trial, and Smith resigned as special counsel afterward [2][3][4].
The Office of Special Counsel has been experiencing leadership tumult over the last year. The Trump administration abruptly fired Hampton Dellinger, the earlier chief of the Office of Special Counsel, and replaced him with Paul Ingrassia, a former right-wing podcast host. Ingrassia has praised criminally charged influencer Andrew Tate and promoted the false claim that the 2020 election was rigged [1][2].
As of early August 2025, no conclusive findings about Hatch Act violations or direct political bias by Smith have been made public [1][2][3][4]. The White House had no immediate comment on the investigation into Smith, which was first reported by The New York Post. A Senate panel was set to consider Ingrassia's nomination at a hearing last month, but it was pulled from the agenda.
| Aspect | Details | |-----------------------------|---------------------------------------------------------------------------------------------| | Investigator | U.S. Office of Special Counsel (independent watchdog agency) | | Allegations | Political activity violating Hatch Act via prosecution of Trump | | Referral | Senator Tom Cotton (Republican) | | Nature of cases | Election interference and classified documents investigations against Trump before 2024 election | | Smith’s defense | Denies political motivation; actions based on federal law | | Hatch Act enforcement power | Can impose fines/sanctions, no criminal prosecution authority | | Outcome of Trump cases | Cases dropped after 2024 election electing Trump to protect sitting president status | | Current status | Investigation ongoing | | Leadership tumult | Office of Special Counsel has experienced leadership changes over the past year | | New leader | Paul Ingrassia, a former right-wing podcast host | | White House comment | No immediate comment on the investigation into Smith | | Senate panel hearing | Ingrassia's nomination hearing was postponed |
- The ongoing investigation by the U.S. Office of Special Counsel (OSC) is focused on allegations that Jack Smith, the former Justice Department special counsel, violated the Hatch Act through politically motivated prosecutorial actions against Donald Trump, specifically in the cases filed in 2023 regarding election interference and mishandling classified documents.
- The investigation stemmed from a referral by Republican Senator Tom Cotton, who accused Smith of bias intended to harm Trump and benefit Joe Biden and Kamala Harris politically, but a conclusion about Hatch Act violations or direct political bias by Smith has yet to be made public as of early August 2025.
