Overview

• The OSC confirmed an active inquiry into former special counsel Jack Smith’s conduct under the Hatch Act following reports by The New York Post.
• Senator Tom Cotton requested the probe, alleging that Smith’s actions in prosecuting President Trump were intended to aid President Biden’s campaign without offering concrete evidence.
• Smith was appointed by Attorney General Merrick Garland in November 2022 and led two federal cases against President Trump that were withdrawn under DOJ policy after Trump’s 2024 reelection.
• While the OSC cannot press criminal charges, it may impose administrative sanctions on federal employees or forward its findings to the Justice Department for possible further action.
• Republican figures continue to question Smith’s impartiality, whereas supporters of prosecutorial independence and ethics experts underscore the importance of enforcing nonpartisan rules for federal officials.