A formal investigation has been launched into former Special Counsel Jack Smith by a U.S. federal agency over possible violations of the Hatch Act. This law bars federal officials from engaging in political activity through their official positions. This probe, confirmed by the Office of Special Counsel (OSC), comes in response to a request by Republican Senator Tom Cotton, who accused Smith of acting politically while overseeing high-profile criminal investigations into former President Donald Trump.
Smith, a former war crimes prosecutor, led two key investigations into Trump: one regarding the illegal retention of classified documents at Mar-a-Lago and another focused on Trump’s efforts to overturn the 2020 election, which culminated in the January 6 Capitol riot. However, both cases were later dropped after Trump secured the 2024 election victory. Smith cited Department of Justice guidelines that prohibit prosecuting a sitting president. However, he maintained in a January report that the evidence was strong enough to secure convictions had the trials occurred.
The investigation by the OSC, which does not have prosecutorial powers, adds fuel to ongoing partisan battles as Trump and his allies escalate efforts to target figures they consider political adversaries. Senator Cotton sharply criticized Smith on social media, labeling him a “political actor masquerading as a public official,” and claimed that the prosecution efforts were intended to interfere with Trump’s campaign.
Smith has not commented publicly on the investigation. His departure from the Special Counsel's office in January followed months of legal setbacks, including a Supreme Court ruling that expanded presidential immunity, a decision that effectively derailed any further immediate legal action against Trump.
The case represents a growing trend of retaliatory political scrutiny, raising concerns about the weaponization of accountability mechanisms in an increasingly polarized U.S. political climate.
