The U.S. Workplace of Particular Counsel confirmed Saturday that it has opened an investigation into former Particular Counsel Jack Smith and whether or not he violated the Hatch Act by way of his prison investigations into President Donald Trump.
The investigation follows a referral from Republican Sen. Tom Cotton of Arkansas earlier this week that requested the OSC to analyze Smith for his investigative and prosecutorial actions previous to the 2024 election which Cotton argued had been supposed to hurt Trump’s political prospects.
Particular counsel Jack Smith speaks to members of the media on the US Division of Justice constructing in Washington, Aug. 1, 2023.
Drew Angerer/Getty Pictures
Each Smith and former Lawyer Normal Merrick Garland repeatedly maintained previous to departing workplace that not one of the actions taken in both the labeled paperwork investigation or the probe of Trump’s efforts to subvert his 2020 election loss had been pushed by politics.
Trump pleaded not responsible and denied all wrongdoing in each instances.
A spokesperson for Smith’s attorneys didn’t instantly reply to a request for remark Saturday on the OSC probe. Smith’s instances in opposition to Trump had been dismissed following the 2024 election as a result of a longstanding Division of Justice coverage prohibiting the prosecution of a sitting president.
The OSC is an unbiased company that’s not empowered to analyze prison issues – it’s separate from the Particular Counsel publish that Smith previously served in below the Justice Division.
OSC primarily operates as an company to help authorities whistleblowers in reporting allegations of waste or wrongdoing, and in addition enforces the Hatch Act which locations restrictions of presidency staff from partaking in partisan political actions.
President Donald Trump hosts a gathering with the Philippine President Ferdinand Marcos Jr. within the Oval Workplace on the White Home in Washington, July 22, 2025.
Yuri Gripas/Pool/EPA/Shutterstock
It is unclear what plan of action the OSC would even need to take in opposition to Smith if its investigation did decide he violated the Hatch Act, given Smith is now not a authorities worker.
Whereas it may refer its findings to DOJ, the division has already publicly stated that it’s investigating Smith and different prosecutors who pursued Trump by way of its so-called “Weaponization Working Group” that’s being led by former interim DC U.S. lawyer Ed Martin.
Particular counsel Jack Smith speaks to members of the media on the US Division of Justice constructing in Washington, Aug. 1, 2023.
Saul Loeb/AFP through Getty Pictures
The announcement of the investigation additionally comes because the administration has discovered itself below elevated scrutiny over its dealing with of the discharge of filings referring to deceased intercourse offender Jeffrey Epstein — with high officers from throughout the administration showing keen to alter the topic.
