Jack Smith, the former special counsel who led two major federal criminal investigations into Donald Trump, is now the subject of a new investigation himself. The U.S. Office of Special Counsel (OSC) has opened an inquiry into whether Smith violated the Hatch Act, which prohibits federal employees from engaging in partisan political activity while on duty.
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Why Is Jack Smith Being Investigated?
The investigation stems from allegations—reportedly initiated by Republican Senator Tom Cotton—that Smith’s prosecutions may have been politically motivated and timed to influence the 2024 presidential election, which Trump ultimately won.
The Hatch Act inquiry does not carry criminal charges, but if violations are found, the OSC could refer the case to the Department of Justice (DOJ) for further action. Since Smith is no longer in government service, the most severe penalty—removal from federal employment—would not apply.
Who Is Jack Smith?
Jack Smith was appointed special counsel in 2022 by then-Attorney General Merrick Garland. He led:
- The election interference case related to Trump’s efforts to overturn the 2020 election, and
- The classified documents case involving materials found at Trump’s Mar-a-Lago estate.
Trump denied all charges, calling them politically motivated. Neither case made it to trial. After Trump’s 2024 election victory, the DOJ dropped both cases, citing a long-standing policy of not prosecuting sitting presidents. Smith resigned shortly afterward.
What Is the Office of Special Counsel?
Despite the name, this Office of Special Counsel is not part of the DOJ. It’s an independent federal agency that investigates misconduct by federal employees. It cannot prosecute, but it can refer findings to the DOJ.
What Is the Hatch Act?
Enacted in 1939, the Hatch Act restricts the political activities of federal employees. Violations can result in:
- Reprimands
- Fines
- Suspension or removal from office (not applicable in Smith’s case)
🇺🇸 Trump’s Wave of Political Retribution?
Since returning to office in January 2025, President Trump has been aggressive in targeting former officials and perceived adversaries. His administration has:
- Revoked security clearances
- Defunded institutions he claims were biased
- Opened criminal probes into James Comey, John Brennan, and others
This latest investigation into Jack Smith is being viewed by critics as part of Trump’s ongoing campaign of political retribution.