The U.S. Office of Special Counsel has initiated a formal investigation into former special counsel Jack Smith, a development stemming from allegations of significant political interference during his federal probes into then-Presidential candidate Donald Trump. This inquiry follows persistent claims from prominent Republican figures, including Senator Tom Cotton, who have vocally asserted that Smith’s actions constituted illegal political activity under federal law.
Confirming the probe to NBC News, the independent federal agency stated it is examining whether Smith violated the Hatch Act, a critical statute designed to prohibit certain political activities by government officials. This independent body, distinct from the Department of Justice-appointed special counsel’s office formerly led by Smith, holds the mandate to investigate such potential breaches of public service conduct.
While the Office of Special Counsel (OSC) possesses the authority to conduct thorough inquiries into alleged Hatch Act violations, it lacks the power to bring criminal charges. Its jurisdiction primarily extends to seeking disciplinary action against federal employees, which could range from removal from civil service to other administrative penalties. Findings of criminal misconduct, however, would be referred to the Department of Justice for further investigation and potential prosecution.
The current investigation gained significant traction following a formal request from Senator Tom Cotton (R-Ark.) on Wednesday, who publicly called for the OSC to investigate Smith. Cotton explicitly cited “unprecedented interference in the 2024 election” as the basis for his demand, a claim that resonated within Republican circles concerned about the impartiality of federal investigations impacting the political landscape.
Jack Smith’s tenure as special counsel began in November 2022, appointed by then-Attorney General Merrick Garland. His mandate was to oversee federal investigations into Donald Trump, who had announced his presidential candidacy just three days prior. Throughout 2023, Smith brought two significant criminal indictments against then-candidate Trump, actions that ignited intense political debate and accusations of partisan motivation.
Despite these high-profile indictments, Jack Smith resigned from his post just over a week before Donald Trump’s inauguration in January 2024. Neither of the two cases he brought to trial ultimately proceeded to a verdict during his tenure, leaving their legal and political implications unresolved as Trump re-entered the presidency.
Senator Cotton has amplified his criticisms, asserting on social media that “Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns.” He further alleged that Smith pushed for a “rushed trial” of Trump, implying that the timing and nature of the legal proceedings were politically motivated rather than purely legal. These accusations underscore the deep partisan divide surrounding the special counsel’s work.
Despite the gravity of the accusations, Senator Cotton and other Trump allies have not publicly presented specific, verifiable evidence to substantiate their claims that Smith’s actions were illegal or politically manipulated. This ongoing legal scrutiny of a former top prosecutor highlights the complex intersection of law, politics, and public perception in high-stakes federal investigations, particularly those involving former presidents.
