OSC Investigates Jack Smith Over Alleged Hatch Act Violations

U.S. Office of Special Counsel (OSC) has launched an investigation into Jack Smith, the former special counsel who led two federal criminal cases against President Donald Trump [1]. The inquiry is reportedly centered on potential violations of the Hatch Act, a federal law that prohibits government employees from engaging in partisan political activity while on the job [2]. The OSC confirmed the investigation to The New York Times but has not responded to further inquiries from other outlets, including AFP [3].

Smith, who was appointed as special counsel in 2022, oversaw probes into Trump’s alleged attempts to overturn the 2020 election and his mishandling of classified documents post-presidency [4]. Both cases were dismissed after Trump was reelected in November 2024, in line with the Justice Department’s policy of not prosecuting sitting presidents [5]. Smith resigned in January 2025, before Trump could carry out his campaign promise to remove him from his position [6].

Republican Senator Tom Cotton is reported to have requested the investigation, suggesting that Smith’s actions may have been designed to influence the 2024 election [7]. While the OSC does not typically handle prosecutorial decisions, its findings could be referred to the Department of Justice, which has the authority to pursue further legal action [8]. Under the Hatch Act, the most severe penalty would be termination, though this would not apply to Smith, as he has already left his position [9].

The development highlights the growing tensions between Trump and former officials who prosecuted him. Since returning to the White House, Trump has taken measures such as revoking security clearances, removing protective details, and cutting federal funding from universities linked to his critics [10]. Last month, the FBI initiated criminal investigations into former Director James Comey and ex-CIA chief John Brennan, and Comey’s daughter Maurene, a federal prosecutor, was abruptly fired [11].

The investigation into Smith could set a precedent for how former officials are treated under a new administration. It raises critical questions about the balance between political accountability and the rule of law, particularly in the context of investigations that have been publicly labeled as politically motivated [12].

Source:

[1] CNN, https://www.cnn.com/2025/08/02/politics/jack-smith-office-of-special-counsel-hatch-act

[2] BBC, https://www.bbc.com/news/articles/c1levr1l07go

[3] The Hill, https://thehill.com/homenews/administration/5433797-jack-smith-investigation-hatch-act-reports/

[4] Rolling Stone, https://www.rollingstone.com/politics/politics-news/trump-admin-jack-smith-investigation-jan-6-1235399212/

[5] Yahoo.co, https://www.yahoo.com/news/articles/office-special-counsel-probe-potential-215429442.html

[6] The Straits Times, https://www.straitstimes.com/world/federal-agency-opens-probe-into-former-trump-prosecutor-jack-smith

[7] The New York Post, https://nypost.com/2025/08/01/us-news/official-investigation-into-trump-prosecutor-jack-smith-launched/