The US Office of Special Counsel has launched an investigation into Jack Smith, the former special counsel who brought two federal criminal cases against President Donald Trump, according to reports published in US media on Saturday (Aug 2). The inquiry, first reported by The New York Times, will examine whether Smith violated the Hatch Act—a law that bars federal employees from engaging in partisan political activity while on the job. Republican Senator Tom Cotton reportedly requested the probe, alleging that Smith's prosecution decisions may have been politically motivated and timed to influence the 2024 election.
Who is Jack Smith?
Jack Smith, appointed special counsel in 2022, led two high-profile federal investigations against Trump: one for attempting to overturn the 2020 election and another for mishandling classified documents after leaving office. Trump denied all charges and repeatedly claimed the cases were politically motivated, while alleging that the Justice Department was being weaponised against him.
It must be noted that neither case reached trial. After Trump won the 2024 election, the Justice Department, citing its long-standing policy of not prosecuting sitting presidents, dropped both cases. Smith resigned shortly afterwards, before Trump could act on his campaign vow to fire him.
Importantly, the Office of Special Counsel investigating Smith is not part of the Department of Justice, despite sharing a similar name. Its role is to monitor the conduct of federal employees and enforce federal employment rules—not oversee criminal prosecutions. It cannot charge Smith with any crime but could refer its findings to the DOJ, which has the power to prosecute.
What is the Hatch Act?
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The Hatch Act, enacted in 1939, regulates the political activities of federal employees and certain state and local government workers. If found guilty under the Hatch act Smith may face the harshest penalty under the law. The most severe penalty under the Hatch Act is removal from federal service, which does not apply to Smith as he no longer holds a government position.
Trump's political retribution continues?
Since returning to office in January, Trump has acted swiftly to target former officials and critics. His administration has revoked security clearances, cut protective details, and defunded institutions he claims worked against him. In recent weeks, the FBI opened criminal investigations into former FBI director James Comey and ex-CIA chief John Brennan—both prominent Trump critics. Comey's daughter Maurene, a federal prosecutor involved in the Jeffrey Epstein case, was also abruptly dismissed—raising further questions about political retribution inside the Trump administration.
