Office of Special Counsel says it’s opened Hatch Act probe of Jack Smith

The U.S. Office of Special Counsel confirmed Saturday that it has opened an investigation into former Special Counsel Jack Smith and whether he violated the Hatch Act through his criminal investigations into President Donald Trump.

The investigation follows a referral from Republican Sen. Tom Cotton of Arkansas earlier this week that asked the OSC to investigate Smith for his investigative and prosecutorial activities prior to the 2024 election which Cotton argued were intended to harm Trump’s political prospects.

Both Smith and former Attorney General Merrick Garland repeatedly maintained prior to departing office that none of the actions taken in either the classified documents investigation or the probe of Trump’s efforts to subvert his 2020 election loss were driven by politics.

A spokesperson for Smith’s attorneys did not immediately respond to a request for comment Saturday on the OSC probe. Smith’s cases against Trump were dismissed following the 2024 election due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president.

The OSC is an independent agency that is not empowered to investigate criminal matters – it is separate from the Special Counsel post that Smith formerly served in under the Justice Department.

OSC primarily operates as an agency to assist government whistleblowers in reporting allegations of waste or wrongdoing, and also enforces the Hatch Act which places restrictions of government employees from engaging in partisan political activities.

It’s unclear what course of action the OSC would even have to take against Smith if its investigation did determine he violated the Hatch Act, given Smith is no longer a government employee.

While it could refer its findings to DOJ, the department has already publicly said that it is investigating Smith and other prosecutors who pursued Trump through its so-called “Weaponization Working Group” that is being led by former interim DC U.S. attorney Ed Martin.

The announcement of the investigation also comes as the administration has found itself under increased scrutiny over its handling of the release of filings relating to deceased sex offender Jeffrey Epstein — with top officials from across the administration appearing eager to change the subject.