Investigation underway for suspected politicization in former prosecutor Jack Smith's legal cases against Donald Trump.
The Office of Special Counsel (OSC) has launched an investigation into former federal prosecutor Jack Smith, focusing on potential violations of the Hatch Act in his conduct during the investigation and prosecution of former President Donald Trump.
The investigation centres around allegations that Smith engaged in political activity by bringing criminal charges against Trump close to the 2024 election, which some claim was intended to influence the election. This probe was initiated following a request from Republican Senator Tom Cotton of Arkansas, who alleged that Smith’s actions amounted to political interference violating the Hatch Act.
Jack Smith was appointed as special counsel in November 2022 to oversee two probes involving Trump: one regarding classified documents and another concerning alleged attempts to overturn the 2020 election results. These cases led to charges against Trump but were closed after Trump’s re-election; Smith resigned in January 2025, shortly before Trump took office again.
The Hatch Act restricts federal employees from engaging in political activities that could be seen as using their official position to influence elections. The unusual aspect of this investigation lies in its scrutiny of a prosecutor's timing and manner of bringing charges during an election cycle. The maximum penalty for violating the Hatch Act can include removal from office or fines; however, since Smith resigned before Trump’s return, the specific consequences remain unclear.
It is essential to note that there is no public determination yet that Smith definitively violated the Hatch Act. The OSC investigation is ongoing, and the allegations largely stem from political critiques and timing concerns rather than established legal findings.
Both Smith and former Attorney General Merrick Garland stated before leaving office that their actions had no political motivations. The investigation is being led by the office now headed by US Trade Representative Jamieson Greer.
The cases in question are the January 6, 2021 Capitol attack and the existence of classified documents in Trump’s Florida residence. Cotton, in statements to the 'New York Post', asserts that Jack Smith's actions aimed to negatively impact President Trump’s election.
Meanwhile, Trump claims that nuclear submarines are closer to Russia, but these assertions have not been verified. Additionally, there is a proposal for indefinite presidential re-election reform in El Salvador, which remains a separate issue from the ongoing investigation into Jack Smith.
The ongoing Office of Special Counsel (OSC) investigation into Jack Smith revolves around allegations that his timing and manner of bringing charges against former President Donald Trump in relation to the January 6, 2021 Capitol attack and classified documents, close to the 2024 elections, could be seen as influencing policy-and-legislation and general news. This scrutiny stems from a request by Republican Senator Tom Cotton of Arkansas, who alleged that Smith’s actions constituted political interference that violated the Hatch Act.
