The Office of Special Counsel has initiated an investigation into former Special Counsel Jack Smith, focusing on potential violations of the Hatch Act. This law restricts federal employees from engaging in certain political activities. The inquiry follows a request from Senator Tom Cotton, who questioned whether Smith’s investigations into Donald Trump influenced the upcoming 2024 presidential election.
Senator Cotton reached out to acting Special Counsel Jamieson Greer, who also serves as the United States Trade Representative. In his correspondence, Cotton expressed concerns regarding Smith’s two probes that led to criminal charges against Trump. He highlighted specific actions by Smith, such as the expedited trial request and filing a brief just 60 days before the election, suggesting these were designed to impact the electoral process. Cotton stated, “These actions were not standard, necessary, or justified — unless Smith’s real purpose was to influence the election.”
Smith, who was appointed by Attorney General Merrick Garland, began his investigations in 2022. The first probe examined Trump’s handling of classified documents post-presidency, while the second scrutinized Trump’s actions related to the events of January 6, 2021, which aimed to overturn the results of the 2020 election. In July 2023, Trump faced 37 felony charges connected to the classified documents case, including making false statements and obstruction of justice. Following this, in August 2023, Trump was charged with four additional felony counts linked to January 6.
Subsequent developments included a federal court granting Smith’s request to dismiss the documents case without prejudice, allowing him to proceed with charges against two of Trump’s co-defendants. Smith also sought permission to release case details to the public. However, in January 2025, a federal judge dismissed the charges, criticizing Smith for attempting to undermine the co-defendants’ right to a fair trial.
In June 2023, Trump called for a special prosecutor to investigate his claims regarding the alleged rigging of the 2020 election. Following this, in July 2023, Attorney General Bondi terminated 20 employees at the Justice Department over their involvement in the Smith investigations, with 14 others dismissed prior to this action.
It is important to note that the Office of Special Counsel operates independently from the Special Counsel appointment that Smith held and is responsible solely for investigating civil cases involving federal employees. The outcome of this new investigation into Smith could have significant implications for the ongoing political landscape as the nation approaches the critical 2024 election.
