U.S. officials are now investigating Jack Smith, the former special counsel who oversaw key federal cases against former President Donald Trump before stepping down in January. The Office of the Special Counsel (OSC) has confirmed that the inquiry into Smith pertains to alleged violations of the Hatch Act, which restricts certain political activities by public officials.
The OSC’s investigation is not a criminal prosecution, as it lacks the authority to file such charges against Smith. Instead, it can initiate disciplinary actions or refer findings to the Department of Justice. This scrutiny comes in response to calls from Republican Senator Tom Cotton, who accused Smith of “unprecedented interference” in the upcoming 2024 elections.
Smith, appointed by former Attorney General Merrick Garland in 2022, was tasked with investigating Trump on two fronts: the alleged mishandling of classified documents and attempts to disrupt the 2020 election process. His efforts resulted in criminal charges against Trump, who has denied wrongdoing and characterized the prosecutions as politically motivated. After Trump’s presidential victory in November 2024, the cases were dismissed under guidelines that prevent prosecuting a sitting president.
The OSC operates independently from the Department of Justice’s separate special counsel offices, and recent controversies surrounding the OSC have illustrated the complicated intersection of politics and law during Trump’s presidency. Notably, former OSC head Hampton Dellinger’s dismissal by Trump in February sparked legal issues, as he advocated for the reinstatement of federal employees impacted by the previous administration’s layoffs.
This ongoing investigation into Smith is a part of broader inquiries into various former government officials from the Trump era, including former FBI Director James Comey and former CIA Director John Brennan, demonstrating the contentious relationship between the Trump administration and elements of the federal bureaucracy.
As the political landscape continues to evolve, the investigation into Jack Smith underscores the ongoing consequences of political investigations and the broader implications for accountability in government. It remains to be seen how these developments will influence the 2024 electoral landscape, but the legal battles of past administrations continue to shape the current political discourse.