A formal investigation has been initiated by a U.S. federal agency into the actions of former special counsel Jack Smith, who supervised two criminal investigations involving President Donald Trump after his initial term in office. The Office of Special Counsel (OSC) has confirmed that it is examining whether Smith breached the Hatch Act, a law that prohibits federal employees from engaging in political activities while in their official capacity. This inquiry was prompted by a request from U.S. Senator Tom Cotton, a Republican from Arkansas.
The OSC, an independent entity responsible for scrutinizing the behavior of federal employees, lacks the authority to press criminal charges. Distinct from the Special Counsel’s office led by Smith previously, which was established by the Department of Justice to pursue criminal matters.
This investigation, as reported initially by the New York Post, is the latest in a series of measures taken by Trump and his supporters against individuals they view as political adversaries. Smith, who stepped down from his position after Trump’s re-election, was not available for immediate comment.
Recently, Cotton accused Smith of aggressively pursuing cases against Trump with the motive of harming his presidential campaign, labeling Smith as “a political figure posing as a government official” in social media posts. Cotton has called for an immediate OSC investigation into what he perceives as unprecedented interference in the upcoming 2024 election.
A former prosecutor of war crimes, Smith brought forth two criminal cases against Trump, one involving the alleged retention of classified information and another tied to Trump’s efforts to challenge the outcome of the 2020 election, a move that led to the January 6, 2021, attack on the U.S. Capitol. Both cases did not proceed to trial, facing delays and legal hurdles, including a ruling from the conservative majority of the U.S. Supreme Court granting former presidents broad immunity from criminal prosecution.
Following Trump’s victory in the last election, Smith dropped both cases, citing a Justice Department policy against prosecuting a sitting president. However, in January, he released a report stating that the evidence he had gathered would have been sufficient for a conviction at trial. Trump has refuted any wrongdoing and criticized the prosecutions as politically motivated attempts to undermine his campaign.