Jack Smith Faces Hatch Act Investigation for Partisan Pursuit of Trump

The Office of Special Counsel has launched a formal investigation into former Special Counsel Jack Smith, probing whether his aggressive prosecutions of President Donald Trump violated the Hatch Act by engaging in political activities aimed at influencing the 2024 election.

Appointed by Attorney General Merrick Garland in November 2022, just one day after Trump announced his 2024 presidential bid, Smith led two high-profile investigations: one into Trump’s handling of classified documents at Mar-a-Lago and another targeting his actions following the 2020 election, culminating in the January 6 Capitol events. Both cases were dismissed after Trump’s 2024 election victory, citing Justice Department policy against prosecuting sitting presidents, with Smith resigning in January 2025.

The investigation, prompted by a complaint from Sen. Tom Cotton, focuses on allegations that Smith’s legal maneuvers were designed to undermine Trump’s campaign. Cotton pointed to Smith’s push for a rushed trial in the election interference case, with jury selection scheduled to begin just two weeks before the Iowa caucuses in January 2024—a timeline Cotton called unprecedented for cases of such complexity. This accelerated schedule raised suspicions of an attempt to tarnish Trump’s image during a critical campaign period.

Further, in September 2024, Smith filed a 165-page brief—four times the standard length—loaded with previously secret grand jury testimony, released less than two months before the election. The filing, which detailed Trump’s alleged efforts to challenge the 2020 election, was widely covered by media, amplifying its impact on public perception. Cotton argued this move had no legitimate legal purpose other than to damage Trump and boost Kamala Harris’s campaign.

Smith’s classified documents case also drew scrutiny. In June 2023, he indicted Trump on 37 counts, including 31 under the Espionage Act, for storing presidential records at Mar-a-Lago, a property secured by Secret Service. Judge Aileen Cannon dismissed the case in July 2024, ruling Smith’s appointment and funding as special counsel were unlawful, a decision Smith appealed but later dropped after Trump’s election. Critics noted the timing of the indictment, coinciding with Trump’s campaign ramp-up, as evidence of political motives.

Cotton emphasized, “No one is above the law. Smith’s actions were clearly driven to hurt President Trump’s election, and he should be held fully accountable.” The Hatch Act Unit’s probe, led by Senior Counsel Charles Baldis, marks a critical step toward addressing alleged abuses of power by unelected officials, reinforcing the principle that justice must remain impartial.

This investigation signals a broader push to hold accountable those who exploit federal authority for partisan ends, safeguarding the integrity of our electoral process.