The U.S. Office of Special Counsel has launched a formal investigation into former special counsel Jack Smith, focusing on potential violations of the Hatch Act, which prohibits federal employees from engaging in political activities.
The probe, confirmed by the OSC, centers on Smith’s conduct during his tenure as special counsel, appointed in 2022 by then-Attorney General Merrick Garland to oversee two criminal investigations into then-former President Donald Trump.
Smith's investigations – one concerning Trump’s handling of classified documents and another examining his actions on January 6, 2021, in relation to the 2020 election – were both dismissed before trial.
The OSC investigation stems from a July 30 letter by Sen. Tom Cotton, R-Ark., who urged the independent federal agency to examine whether Smith engaged in unlawful political activity to undermine Trump’s 2024 presidential campaign.

"I write requesting the Office of Special Counsel to investigate whether Jack Smith, Special Counsel for Attorney General Merrick Garland, unlawfully took political actions to influence the 2024 election to harm then-candidate President Donald Trump," Cotton wrote to Acting Special Counsel Jamieson Greer.

"President Trump, of course, vanquished Joe Biden, Jack Smith, every Democrat who weaponized the law against him, but President Trump’s astounding victory doesn’t excuse Smith of responsibility for his unlawful election interference," Cotton added. "I therefore ask the Office of Special Counsel to investigate whether Jack Smith or any members of his team unlawfully acted for political purposes."
Cotton reiterated his stance in a statement to The New York Post: "I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith’s conduct. No one is above the law. Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable."
"Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office," he further argued.
Cotton pointed to specific actions, such as Smith allegedly accelerating investigations to schedule trial dates that coincided with key political events like the Iowa caucuses, warning, "These actions were not standard, necessary, or justified. They were the actions of a political actor masquerading as a public official."
The OSC, an independent federal investigative and prosecutorial agency, is distinct from the special counsel role Smith held.
Its authority derives from laws including the Hatch Act, which restricts political activities by government employees.
An email from OSC Senior Counsel Charles Baldis confirmed that the Hatch Act Unit has begun reviewing Smith’s conduct.
The investigation is not criminal in nature, but it marks the first official legal probe into Smith’s actions.
Smith, who resigned from his Justice Department post in January 2025, just nine days before Trump’s inauguration, has not publicly responded to the allegations.

During Smith's tenure, he maintained that his investigations were conducted independently and adhered to legal protocols.
His resignation followed last-minute efforts to release his office’s work against Trump before President Joe Biden’s departure from office, a move some saw as a final attempt to influence public perception.
Both cases against Trump were dismissed – one in the U.S. District Court for the District of Columbia and the other in the Eleventh Circuit Court of Appeals – leaving no convictions.
And now, Smith’s team is reportedly lawyering up, running scared because they know Trump’s coming back with a vengeance. According to Rolling Stone, members of Smith’s prosecution team are hiring lawyers, anticipating potential legal action from Trump’s incoming Justice Department.
Additionally, Breitbart News notes that Trump suspended security clearances for members of the law firm Covington & Burling LLP who assisted Smith, citing a memo that halts clearances "pending a review and determination of their roles and responsibilities, if any, in the weaponization of the judicial process."
It’s going to be difficult for the media and Democrats to dismiss the U.S. Office of Special Counsel investigating former Special Counsel Jack Smith on allegations that he improperly used his prosecutorial powers to stop President Trump in 2024.
— Elizabeth MacDonald (@LizMacDonaldFOX) August 2, 2025
Smith was widely disparaged for… pic.twitter.com/Q075DiVo9E
Republicans, including Cotton, have long criticized Smith’s investigations as politically motivated attempts to derail Trump’s 2024 campaign.
Reports indicate that even President Biden expressed regret over appointing Attorney General Garland, who selected Smith, contending the Justice Department was not aggressive enough in prosecuting Trump.
Garland and Smith thought they could weaponize the Justice Department, sling mud at Trump with these sham investigations, and rig the 2024 election.
But the truth is coming out.
This was a coordinated assault by the globalist elites to stop the people’s champion, Donald J. Trump.
Conversation