🕵️‍♂️ Federal Watchdog Launches Hatch Act Investigation Into Ex–Special Counsel Jack Smith

🕵️‍♂️ Federal Watchdog Launches Hatch Act Investigation Into Ex–Special Counsel Jack Smith

August 2, 2025 | Washington, D.C. — The U.S. Office of Special Counsel (OSC) has opened an inquiry into Jack Smith, the former Department of Justice special counsel who led high-profile probes into Donald Trump. The investigation centers on whether Smith violated the Hatch Act, a federal law that prohibits certain political activities by government employees Erie News Now+15The Washington Post+15AP News+15.

📍 What Sparked the Investigation

• Sen. Tom Cotton (R-Ark.) formally requested the OSC to review Smith’s actions, alleging they were politically motivated and timed to affect the outcome of the 2024 presidential race in favor of then-candidate Joe Biden The Washington Post+11Politico+11Tampa Free Press+11.

• Cotton accused Smith of accelerating legal proceedings—such as jury selection happening just before the Iowa caucuses—to undermine Trump’s reelection campaign Wall Street Journal+3The Guardian+3New York Post+3.

🧭 Background: Smith’s Role and Political Fallout

• Appointed in November 2022 by then-Attorney General Merrick Garland, Jack Smith led criminal investigations into Trump’s alleged election subversion and mishandling of classified documents en.wikipedia.org+15en.wikipedia.org+15The Guardian+15.

• Both cases resulted in indictments in 2023, though neither went to trial, and were subsequently abandoned after Trump’s reelection, in accordance with Department of Justice policy against prosecuting a sitting president ABC News+6en.wikipedia.org+6AP News+6.

• Smith resigned from his role in January 2025, shortly before Trump took office. His final reports included strong assertions that, had Trump not been reelected, conviction was likely en.wikipedia.orgThe Washington PostWall Street Journal.

⚖️ Authority and Scope of the OSC Investigation

• The OSC is an independent agency created by Congress to enforce the Hatch Act and oversee federal ethics—separate from the Justice Department Tampa Free Press+9Erie News Now+9KION546+9.

• It lacks prosecutorial authority, but can impose administrative penalties, recommend disciplinary measures, or refer findings to the DOJ The Guardian.

• Since Smith no longer holds federal office, practical consequences—if violations are found—are likely limited to reputational or professional sanctions KION546+2Wall Street Journal+2ABC News+2.

⚠️ Potential Implications

AspectDetailsLegal QuestionsExperts note it is highly unusual to charge prosecutors under the Hatch Act. Former ethics officials suggest mere legal prosecution is typically outside the Act’s scope Erie News NowPoliticokstp.com.Political OvertonesCritics argue Smith’s prosecutions were lawful and driven by evidence—not politics. DOJ leaders, including Garland, have repeatedly denied political motives AP Newskstp.comen.wikipedia.org.Agency IntegrityThe OSC itself is facing scrutiny amidst leadership turmoil—its previous head was fired by the Trump administration, and a controversial nominee, Paul Ingrassia, remains unconfirmed Erie News NowThe Washington PostThe Guardian.

The OSC’s probe into Jack Smith raises thorny questions about the interface between legal obligations and political timing in high-stakes investigations. While Smith and his defenders assert he fulfilled his duties impartially, his critics—including Republican lawmakers—have pushed for scrutiny of a special counsel’s role in shaping political narratives before an election. The outcome of the OSC investigation may have broader implications for executive oversight and the independence of federal prosecutors.