Overview

• The Office of Special Counsel confirmed it has opened a formal investigation into Jack Smith’s conduct after Sen. Tom Cotton requested a probe into alleged interference in the 2024 election.
• Smith was appointed special counsel by Attorney General Merrick Garland in November 2022 to oversee two Trump investigations and resigned in January 2024 after both cases were dismissed.
• The Hatch Act prohibits federal employees from engaging in partisan political activities and authorizes OSC to recommend disciplinary actions or refer matters to the Justice Department but not to press criminal charges.
• Republican critics contend Smith accelerated trial schedules to influence key electoral milestones, though the OSC has not publicly cited specific evidence of violations.
• The inquiry underscores broader debates over the independence of federal prosecutors and concerns about the politicization of high-profile legal decisions.