Jack Smith Investigated for Possible Hatch Act Violation

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WASHINGTON, D.C. The U.S. Office of Special Counsel (OSC) has launched an investigation into former special counsel Jack Smith following claims that he may have breached the Hatch Act during his prosecution of former President Donald Trump.

The Hatch Act restricts federal officials from engaging in political activity while performing their official duties. The OSC inquiry was initiated after Senator Tom Cotton (R-Arkansas) formally requested a review, alleging that Smith sought to influence the 2024 presidential election by pushing for an expedited trial in one of Trump’s criminal cases.

Smith, who was appointed as special counsel in November 2022, led two major cases against Trump before stepping down shortly before the former president’s January 2024 inauguration. His appointment came just days after Trump formally announced his campaign for the 2024 election, an overlap that has drawn sharp criticism from Republican lawmakers.

The OSC has confirmed the investigation but clarified that it cannot file criminal charges. Its role is limited to recommending disciplinary action or referring the matter to the Department of Justice. As of now, no public evidence has confirmed that Smith’s actions violated the law.

The existence of the investigation was first reported by the New York Post. Interest in the matter has grown amid delays in confirming attorney Paul Ingrassia, Trump’s nominee to lead the OSC. The Senate has yet to vote on Ingrassia’s confirmation.

In a separate development, three prosecutors involved in Capitol riot cases were dismissed in late June, according to a June 28 report by the Associated Press. One termination letter was reportedly signed by Attorney General Pam Bondi. It remains unclear whether these dismissals are connected to the Smith inquiry.

The outcome of the OSC probe could impact public perceptions of political neutrality within the federal justice system, particularly as the 2026 midterm elections approach.