Jack Smith, the former Special Counsel who led high-profile criminal investigations against Donald Trump, is now the subject of a formal federal investigation. The probe is focused on whether Smith’s conduct violated the Hatch Act—a law that prohibits government officials from using their roles to influence political outcomes.
Federal Oversight Agency Launches Inquiry
The investigation was initiated by the Office of Special Counsel (OSC) after Senator Tom Cotton submitted a formal complaint. The senator alleged that Smith’s actions may have unfairly interfered with the 2024 presidential election, harming Trump’s campaign.
Smith was appointed in late 2022 by Attorney General Merrick Garland, just one day after Trump announced his 2024 candidacy. His appointment raised questions at the time, given the political sensitivity of the cases he was assigned.
Hatch Act Unit Now Reviewing Smith’s Conduct
Internal communications obtained by The Post confirm that OSC’s Hatch Act Unit has opened a review. An email from OSC Senior Counsel Charles Baldis verified that Smith’s case is under official evaluation. The Hatch Act strictly limits political activity by federal employees, especially during election cycles.
“I appreciate that this is being taken seriously,” Senator Cotton said. “Jack Smith’s actions had clear political implications. If he broke the law, he should be held accountable.”
This is the first formal legal investigation into Jack Smith’s actions while serving as Special Counsel.
Background on Smith’s Role in Trump Investigations
In June 2023, Smith indicted former President Trump on 37 federal charges. The charges related to alleged mishandling of classified documents stored at Trump’s Mar-a-Lago property. Thirty-one of the charges fell under the Espionage Act, while others were linked to obstruction and legal process violations.
However, the case collapsed when Judge Aileen Cannon ruled that Smith’s appointment and funding lacked legal authority, rendering the case invalid.
Separate Charges in Washington, D.C.
Smith also brought forward a second indictment in Washington, D.C. That case included four charges tied to the aftermath of the 2020 election:
- Conspiracy to defraud the U.S.
- Obstruction of an official proceeding
- Attempted obstruction
- Conspiracy against civil rights
These charges stemmed from Trump’s alleged efforts to overturn the election results through various legal and political means.
Conclusion
With Jack Smith now under federal investigation, the focus has shifted from Trump’s legal exposure to questions about impartiality and political conduct within the Justice Department itself. The outcome of the OSC review could have significant implications for future special counsel appointments and public trust in government investigations.
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