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 Smithâs investigations into then-candidate Trump constituted illegal political activity.
Sen. Tom Cotton requested the investigation on Wednesday, alleging âunprecedented interference in the 2024 election.â A source familiar with the matter said the OSC affirmed to Cotton that it is proceeding with an inquiry after his request.
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 Trumpâs January 2025 inauguration, without either case going to trial.
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.