A significant new investigation has been launched by the Office of Special Counsel, targeting former special counsel Jack Smith, known for leading high-profile criminal probes into former President Donald Trump. This inquiry centers on potential violations of the Hatch Act, a federal law limiting political activities of executive branch employees.
The timing of this investigation is particularly salient, coinciding with intensified efforts by Donald Trump and his political allies to pursue retribution against perceived adversaries and those responsible for investigations against him. This dynamic adds a layer of political intrigue to the seemingly straightforward administrative inquiry.
It is crucial to distinguish the Office of Special Counsel (OSC), an independent agency established by Congress, from the special counsels like Smith, who are appointed by the Justice Department to oversee politically sensitive cases. The OSC’s current acting head is a Trump appointee, following the dismissal of the previous Biden-appointed chief.
Understanding the Hatch Act is key; it functions as a workplace guideline, not a criminal statute. Violations can lead to a range of disciplinary actions, from minor reprimands to employment termination, depending on the severity and context of the breach. This clarifies the nature of the potential transgression.
Jack Smith is no longer a federal employee, having resigned from the Justice Department earlier this year. His resignation occurred months after he formally closed the classified documents and election subversion cases against Trump, following the former president’s victory in the 2024 election. His separation from government service impacts the possible outcomes of the OSC’s probe.
Smith’s two-year tenure investigating Donald Trump was historically unprecedented, marking the first time a former U.S. President faced federal criminal charges. This landmark period generated immense political scrutiny and set new precedents in the realm of presidential accountability.
Throughout his investigations, Trump and his supporters vehemently criticized Smith, characterizing his probes as politically motivated and an alleged “weaponization of the federal government.” Trump had notably vowed to remove Smith from his position if he regained the presidency, signaling a departure from established norms regarding special counsel independence.
The current OSC investigation appears to stem, in part, from allegations by Trump ally Senator Tom Cotton, who asserted that Smith misused his Department of Justice role to influence the 2024 election. Cotton specifically cited Smith’s filing of a brief within 60 days of Election Day, an act that could potentially contravene a separate Justice Department regulation that extends beyond the scope of the Hatch Act. This broader context highlights the political undercurrents of the inquiry.
