The U.S. Office of Special Counsel (OSC) has launched 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 it is examining potential violations of the Hatch Act, which prohibits federal employees from engaging in partisan political activities. The probe follows a request from Senator Tom Cotton, who accused Smith of using his role to influence the 2024 election against Trump.
Smith, appointed by then-Attorney General Merrick Garland in November 2022, oversaw investigations into Trump’s handling of classified documents and alleged efforts to overturn the 2020 election. Both cases resulted in indictments in 2023, but neither reached trial before Trump’s reelection, after which Smith resigned in January 2025. Cotton alleges Smith’s actions, including filing a brief near Election Day, were politically motivated to harm Trump’s campaign. No specific evidence of wrongdoing has been publicly disclosed.
The investigation is notable as Smith no longer works for the government, limiting the OSC’s disciplinary options, though findings could be referred to the Justice Department. The probe comes amid concerns about the OSC’s independence under Trump, who fired its former head, Hampton Dellinger, in February. Critics argue the agency is being politicized, while supporters see it as a necessary check on alleged abuses. The outcome could reshape perceptions of Trump-era investigations and fuel debates over political accountability.
