The U.S. Office of Special Counsel (OSC) has officially opened an investigation into former Special Counsel Jack Smith concerning potential violations of the Hatch Act. This federal probe targets allegations that Smith’s extensive criminal investigations into former President Donald Trump may have overstepped legal boundaries, specifically those prohibiting partisan political activities by government employees. The initiation of this Jack Smith Investigation marks a significant development amidst ongoing scrutiny of high-profile legal actions against political figures.
This Special Counsel Probe was prompted by a formal referral from Republican Senator Tom Cotton of Arkansas. Senator Cotton specifically requested the OSC to examine Smith’s investigative and prosecutorial conduct prior to the 2024 election, arguing that these actions were intended to politically disadvantage Trump. The referral highlights the deep partisan divisions and intense scrutiny that characterized the legal landscape leading up to the presidential election.
Throughout their tenures, both Jack Smith and former Attorney General Merrick Garland consistently maintained that no actions taken in the investigations or the broader probe into Trump’s efforts were politically motivated. They asserted that all decisions were strictly based on legal principles and evidence, upholding the integrity of the Department of Justice’s mission and adhering to strict Government Ethics guidelines.
Following the 2024 election, the cases Smith pursued against Trump were ultimately dismissed, a decision rooted in a longstanding Department of Justice policy that prohibits the prosecution of a sitting president. This policy has been a cornerstone of American legal precedent, designed to prevent the executive branch from being unduly hampered by legal proceedings while fulfilling its constitutional duties.
It is crucial to differentiate the Office of Special Counsel (OSC) from the Special Counsel post that Jack Smith previously held within the Justice Department. Unlike Smith’s former role, the OSC is not empowered to investigate criminal matters. Its jurisdiction lies primarily in upholding principles of Federal Oversight within government operations.
The OSC’s core mission involves assisting government whistleblowers in reporting allegations of waste, fraud, and abuse. Crucially, it is also the primary enforcer of the Hatch Act, a federal law that imposes significant restrictions on the political activities of executive branch employees. The Hatch Act Violation allegations against Smith fall squarely within the OSC’s purview, emphasizing its role in maintaining unbiased Political Conduct among federal personnel.
A notable complexity within this investigation stems from Jack Smith’s current status: he is no longer a government employee. This raises significant questions regarding the specific course of action the OSC could pursue if its investigation concludes that he indeed violated the Hatch Act. The agency’s powers primarily apply to current federal workers, posing a unique challenge in this high-profile inquiry.
While the OSC could potentially refer its findings to the Department of Justice, the DOJ has already publicly announced its own internal inquiry. This internal Special Counsel Probe into Smith and other prosecutors who investigated Trump is being led by former interim D.C. U.S. Attorney Ed Martin, underscoring the multiple layers of scrutiny facing these past legal proceedings and the broader implications for Government Ethics and accountability.
