Federal Watchdog Probes Ex-Special Counsel Jack Smith Over Possible Hatch Act Violation

A U.S. federal agency is formally investigating former Special Counsel Jack Smith over whether he violated the Hatch Act while overseeing criminal investigations into former President Donald Trump. The Office of Special Counsel (OSC), an independent agency that monitors federal employee conduct, confirmed the probe on Friday.

The move follows a request from Republican Senator Tom Cotton, who accused Smith of acting with political motives to interfere in the 2024 election. Cotton said Smith’s actions were designed to damage Trump’s campaign, describing him as “a political actor masquerading as a public official” on social media platform X.

Smith, a former war crimes prosecutor, led two criminal cases against Trump—one over the alleged mishandling of classified documents and another related to efforts to overturn the 2020 election. Both cases were eventually dropped after Trump’s 2024 election win, citing Justice Department policy against prosecuting a sitting president.

Although OSC cannot bring criminal charges, it can issue disciplinary recommendations. This investigation adds to a growing list of actions taken by Trump allies against individuals involved in past legal actions against him.

Smith resigned in January and issued a report stating that there was sufficient evidence to convict Trump, had the cases gone to trial. Trump has denied any wrongdoing and continues to frame the prosecutions as politically motivated.

(With inputs from agencies)