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Norms Impact

Office of Special Counsel launches investigation into ex-Trump prosecutor Jack Smith

A civil-service watchdog is being mobilized to recast a past prosecution of a presidential candidate as “illegal politics,” normalizing retaliation through ethics enforcement instead of law.

Executive

Aug 2, 2025

Sources

Summary

The U.S. Office of Special Counsel has opened a Hatch Act investigation into former DOJ special counsel Jack Smith after a request from Sen. Tom Cotton. An independent civil-service watchdog is being pulled into a partisan dispute over a past criminal prosecution of a presidential candidate. The inquiry reframes ordinary prosecutorial decision-making as alleged “illegal political activity,” inviting future retaliation through ethics enforcement rather than law.

Reality Check

Weaponizing a Hatch Act probe to punish a prosecutor for pursuing indictments risks converting neutral civil-service enforcement into a political discipline system—one that ultimately chills lawful investigations and narrows our rights. Based on the facts presented, the conduct described is not likely criminal under federal law; the Hatch Act is primarily an administrative regime, and the OSC itself lacks criminal charging authority. The sharper danger is norm-breaking: using claims of “illegal campaign activity” without specific evidence to pressure an independent watchdog invites abuse of office and institutionalizes revenge-by-investigation.

Media

Detail

<p>The U.S. Office of Special Counsel (OSC) confirmed it is investigating former special counsel Jack Smith for alleged violations of the Hatch Act, following public allegations by President Donald Trump and other Republicans that Smith’s investigations into then-candidate Trump constituted illegal political activity.</p><p>Sen. Tom Cotton requested the investigation on Wednesday, alleging “unprecedented interference in the 2024 election.” A source familiar with the matter said the OSC affirmed to Cotton that it is proceeding with an inquiry after his request.</p><p>Smith was appointed by then-Attorney General Merrick Garland in November 2022, three days after Trump announced his 2024 candidacy. Smith brought two federal indictments against then-candidate Trump in 2023 and resigned a little over one week before Trump’s January 2025 inauguration, without either case going to trial.</p><p>The OSC is an independent agency that cannot bring criminal charges for Hatch Act violations; it may seek disciplinary action against federal employees or refer findings to the DOJ.</p>