Overview

• The Office of Special Counsel confirmed on August 2 that it has opened a formal Hatch Act investigation into former special counsel Jack Smith at the request of Senator Tom Cotton.
• The inquiry will examine whether Smith’s handling of President Trump’s election interference and classified documents prosecutions crossed legal lines into partisan political activity.
• Jack Smith was appointed special counsel by Attorney General Merrick Garland in November 2022 and stepped down in January 2025 after dropping both cases when Trump secured reelection.
• Under the Hatch Act, the OSC cannot pursue criminal charges but may impose disciplinary sanctions or refer its findings to the Department of Justice.
• Republican leaders, including Senator Cotton, have alleged political bias in Smith’s actions but have not produced evidence of Hatch Act violations.