The U.S. Office of Special Counsel (OSC) has initiated a formal investigation into former Special Counsel Jack Smith, who led two high-profile criminal probes into President Donald Trump during the Biden administration. The OSC, an independent federal agency, confirmed on August 2, 2025, that it is examining potential violations of the Hatch Act, which bars federal employees from engaging in partisan political activities. The probe was triggered by a request from Senator Tom Cotton, who accused Smith of orchestrating “unprecedented interference” in the 2024 election to undermine Trump’s campaign.
Smith, appointed by then-Attorney General Merrick Garland in November 2022, oversaw investigations into Trump’s handling of classified documents and alleged efforts to subvert the 2020 election. Both cases led to indictments in 2023, but neither reached trial before Trump’s reelection, prompting Smith’s resignation in January 2025. Cotton claims Smith’s legal actions, including filing a brief close to Election Day, were politically motivated, though no specific evidence has been made public.
The investigation raises questions about the OSC’s impartiality under Trump, especially after the abrupt firing of its former head, Hampton Dellinger, in February. Critics argue the probe is retaliatory, targeting a prosecutor who challenged Trump, while supporters see it as a necessary check on alleged abuses of power. With Smith no longer in government, the OSC’s authority is limited, but findings could be referred to the Justice Department for further action, intensifying the political firestorm.
