The independent US Office of Special Counsel has initiated an investigation into former Department of Justice prosecutor Jack Smith, probing potential violations of the Hatch Act during his high-profile Trump investigations. This significant development comes amidst ongoing scrutiny of the legal proceedings surrounding the former president.

The confirmation of this federal inquiry follows a request from Arkansas Senator Tom Cotton, a Republican, who last week called for an investigation into Smith, alleging “unprecedented interference in the 2024 election.” This political pressure highlights the contentious nature of the legal actions undertaken by Smith.

Central to the special counsel probe is the Hatch Act, a federal law enacted in 1939 that restricts certain political activities of federal employees. Critics, including Donald Trump and other prominent Republican lawmakers, have consistently argued that Smith’s investigations into Trump constituted illegal political interference, blurring the lines between legal enforcement and political influence.

Jack Smith was appointed as special counsel by then-Attorney General Merrick Garland in 2022, shortly after Trump announced his bid for a second presidential term. His mandate initially focused on investigating potential interference with the 2020 election and the alleged mishandling of classified documents by Trump.

It is crucial to differentiate between the US Office of Special Counsel, the independent federal agency now investigating Smith, and the Department of Justice-appointed special counsel position previously held by Smith. The former operates as an independent oversight body, while the latter is a temporary role within the DOJ for specific investigations.

As an independent federal agency, the US Office of Special Counsel lacks the authority to bring criminal charges. Instead, its powers are limited to seeking disciplinary action against a federal government employee or, if warranted, referring its findings to the Department of Justice for further investigation, highlighting its oversight rather than prosecutorial function.

Smith ultimately issued two criminal indictments against Trump in 2023, though he resigned in January of this year before either case proceeded to trial. His departure occurred shortly after the Department of Justice sought to overturn a judge’s order blocking the release of his investigative report concerning Trump’s alleged efforts to subvert the 2020 presidential election.

Adding to the complexity, a second report authored by Smith, focusing on Trump’s handling of classified documents, was also blocked from public release. These unresolved reports underscore the continuing legal and political ramifications of the Trump legal cases that Smith oversaw.

This Hatch Act investigation against Jack Smith could have significant implications for the perception of justice and political neutrality within federal agencies. It brings further scrutiny to the intersection of politics and legal processes, particularly in the lead-up to a contentious election year.