The Office of Special Counsel has initiated an investigation into former Special Counsel Jack Smith, focusing on allegations of violating the Hatch Act. This law restricts federal employees from engaging in certain election-related activities. The inquiry, prompted by a request from Senator Tom Cotton, investigates whether Smith’s two investigations into Donald Trump interfered with the upcoming 2024 presidential election.
Senator Cotton’s letter to acting Special Counsel Jamieson Greer, who also serves as the United States Trade Representative, raises concerns about the timing of Smith’s actions. Cotton specifically highlighted Smith’s request for an expedited trial and his legal filings made within 60 days of the November 5, 2024, election. He argued that these moves were atypical and suggested that Smith’s intent may have been to influence the election. “These actions were not standard, necessary, or justified,” Cotton stated, pointing to Smith’s aggressive legal strategies as a means to prosecute the Republican nominee.
Jack Smith, appointed by Attorney General Merrick Garland, conducted two significant investigations beginning in 2022. The first examined Trump’s handling of classified documents post-presidency, while the second scrutinized whether Trump’s actions on January 6, 2021, were aimed at overturning the results of the 2020 election. In July 2023, Trump faced 37 felony counts relating to the classified documents case, which included charges of making false statements and obstruction of justice. Subsequently, in August 2023, he was charged with four felony counts linked to the events of January 6.
Following Trump’s victory in the 2024 election, a federal court agreed to Smith’s request to dismiss the documents case without prejudice. The investigation into Trump’s co-defendants continued, with Smith seeking to publicize details of the case. In January 2025, however, a federal judge dismissed the charges against Trump’s co-defendants and criticized Smith for compromising their right to a fair trial.
In a related development, in June 2024, Trump called for a special prosecutor to investigate his claims regarding the legitimacy of the 2020 election. Subsequently, in July, Attorney General Bondi dismissed 20 employees of the Justice Department linked to the Smith prosecutions, adding to the 14 other dismissals previously made.
The Office of Special Counsel, which operates independently from the Special Counsel role that Smith held, focuses on civil cases involving federal employees. The penalties for violations of the Hatch Act can include fines up to $1,000 and disqualification from future federal employment.
As the investigation unfolds, the implications for both Smith and Trump could significantly shape the political landscape leading up to the 2024 presidential election.
