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Office of Special Counsel Opens Hatch Act Probe Into Jack Smith

Sen. Tom Cotton’s referral prompted a review of whether Smith’s timing of two Trump prosecutions broke federal restrictions on political activity.

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Overview

  • The Office of Special Counsel has formally launched an investigation into Jack Smith over alleged violations of the Hatch Act.
  • Sen. Tom Cotton accused Smith of “unprecedented interference in the 2024 election” by fast-tracking trial dates against President Trump.
  • OSC Senior Counsel Charles Baldis confirmed that the Hatch Act Unit is reviewing internal communications as part of its inquiry.
  • The independent agency cannot bring criminal charges and may only seek disciplinary action or refer its findings to the Justice Department.
  • Smith, who dropped both Trump cases after the 2024 election and resigned in January, has not issued a public response to the probe.