The U.S. Office of Special Counsel has confirmed that it has launched an investigation into former Special Prosecutor Jack Smith over a possible violation of the Hatch Act during his criminal investigations into President Donald Trump. The investigation was initiated following a complaint by Republican Senator Tom Cotton of Arkansas, who accused Smith of acting with the intent to harm Trump’s political prospects ahead of the 2024 presidential election.

Smith and former Attorney General Merrick Garland repeatedly stated—prior to leaving office—that the investigations into classified documents and Trump’s efforts to contest his 2020 election loss were not politically motivated. Trump pleaded not guilty and denied all charges in both investigations.

A spokesperson for Smith’s legal team has not commented on the investigation. The cases against Trump led by Smith were dropped after the 2024 election, based on the longstanding Department of Justice policy that a sitting president cannot be prosecuted.

The Office of Special Counsel, which is separate from the position Smith held at the Department of Justice, does not investigate criminal cases. It is an independent agency that assists government employees in reporting misconduct and monitors compliance with the Hatch Act, which restricts federal employees from engaging in partisan political activities.

It remains unclear what actions the office could take if it finds that Smith committed a violation, as he no longer holds a government position. One possibility is to refer the findings to the Department of Justice, which has already announced it is investigating Smith and other prosecutors involved in the Trump cases through its special “Politicization Task Force,” led by former acting U.S. Attorney for the District of Columbia, Ed Martin.

The announcement of the investigation coincides with mounting pressure on the administration in Washington over the handling of the declassification of documents related to the late sex offender Jeffrey Epstein—a topic senior officials appear eager to avoid.
— BGNES