Investigation Launched into Former Special Counsel Jack Smith Amid Hatch Act Allegations
An investigation has been opened by US federal officials into former Special Counsel Jack Smith, who previously led the federal criminal cases against President Donald Trump. The Office of the Special Counsel (OSC) confirmed the probe to the BBC on Saturday, but declined to provide further details, raising questions about the scope and potential implications of the inquiry.
Smith’s Role and the OSC’s Authority
Smith was appointed as Special Counsel in November 2022 by then-Attorney General Merrick Garland to investigate allegations surrounding Trump’s handling of classified documents and his alleged efforts to interfere with the 2020 presidential election. While the OSC lacks the authority to bring criminal charges against Smith, it possesses the power to initiate disciplinary action or refer its findings to the Department of Justice. As an independent federal agency, the OSC primarily focuses on investigating and addressing violations of federal rules by members of the US civil service.
This investigation is distinct from the work Smith previously undertook under the Department of Justice, which can pursue federal criminal charges. Both cases Smith investigated against Trump ultimately concluded after the former president’s election victory in November 2024, due to regulations preventing the prosecution of a sitting president.
Allegations of Political Activity and Republican Scrutiny
US media outlets reported that the OSC is investigating Smith for potential violations of the Hatch Act, a law prohibiting political activities by government officials. This investigation follows a call to action from Republican Senator Tom Cotton of Arkansas, who urged the OSC to examine Smith’s conduct for what he described as “unprecedented interference in the 2024 election.”
Cotton voiced strong criticism, stating on X earlier this week that the investigations and charges brought by Smith were “nothing more than a tool for the Biden and Harris campaigns” and “very likely illegal campaign activity from a public office.”
A History of OSC Challenges and Political Interference
The OSC’s investigation into Smith arrives after a period of internal turmoil. In February, former President Trump fired the OSC’s then-head, Hampton Dellinger, after Dellinger advocated for the reinstatement of federal employees laid off during the Trump administration. A judge later ruled the firing unlawful, though a federal Circuit Court allowed the Trump administration to replace Dellinger during the legal proceedings. Dellinger ultimately abandoned his legal challenge in March, expressing concern that the Supreme Court would not rule in his favor.
“Meanwhile, the harm to the agency and those who rely on it caused by a Special Counsel who is not independent could be immediate, grievous, and, I fear, uncorrectable,” Dellinger warned at the time.
Broader Pattern of Investigations Targeting Former Officials
Smith is not the first former government official to face scrutiny under the Trump administration. In May, the Secret Service initiated an investigation into former FBI Director James Comey following a controversial social media post. Republicans alleged the post, featuring seashells, incited violence against Trump, a claim Comey denied.
Furthermore, reports surfaced earlier this month indicating that both Comey and former CIA Director John Brennan were under investigation for allegedly making false statements to Congress regarding Russian interference in the 2016 election. Brennan characterized this investigation as “an example of the continued politicisation of the intelligence community” under Trump.
The BBC has reached out to Mr. Smith’s lawyer for comment on the OSC’s investigation, but has not yet received a response. This latest development underscores a continuing trend of politically charged investigations targeting individuals who have previously served in high-level government positions.
