The U.S. Office of Special Counsel (OSC) has initiated an investigation into potential Hatch Act violations by former Special Counsel Jack Smith. The investigation follows a referral from Republican Senator Tom Cotton of Arkansas, who alleged that Smith’s actions during his criminal investigations into President Donald Trump were politically motivated and intended to harm Trump’s political prospects before the 2024 election.
The Hatch Act restricts government employees from engaging in partisan political activities. Smith’s cases against Trump were dismissed after the 2024 election due to a Department of Justice policy that prohibits prosecuting a sitting president. Despite these dismissals, the OSC, an independent agency, is investigating whether Smith’s actions violated the Hatch Act.
The OSC, distinct from the Special Counsel post Smith held, is led by a Trump appointee in an acting capacity. It primarily handles whistleblower retaliation and Hatch Act investigations. The investigation comes amid claims by Trump and his allies that Smith used his role to influence the election in favor of former President Joe Biden and Vice President Kamala Harris.
The OSC’s findings could be referred to the Department of Justice, although the department is already investigating Smith through its “Weaponization Working Group.” As the investigation unfolds, it remains unclear what consequences Smith might face if found in violation of the Hatch Act, given he is no longer a government employee.
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