Overview
- The U.S. Office of Special Counsel confirmed on August 4 that it has launched an inquiry into former Special Counsel Jack Smith for potential Hatch Act breaches during his 2023 prosecutions of President Trump.
- Senator Tom Cotton formally requested the probe, accusing Smith of “unprecedented interference in the 2024 election” by seeking an expedited trial schedule and Supreme Court review.
- The Hatch Act prohibits federal employees from engaging in partisan political activity, and the OSC can impose only administrative sanctions or refer violations to the Justice Department.
- Smith has not been shown to have committed specific violations and defended his work in a January report, arguing that his prosecutions upheld the rule of law despite political pressures.
- Legal analysts warn that an OSC investigation could unintentionally provide Smith a public forum to revisit evidence against Trump and deepen partisan friction over prosecutorial independence.