The U.S. Office of Special Counsel, an independent federal agency, told NBC News on Saturday that it is looking into whether former Justice Department prosecutor Jack Smith violated the Hatch Act. Smith previously led investigations into Donald Trump’s role in the January 6 Capitol riot and his handling of classified documents.
The probe follows a request last week from Republican Senator Tom Cotton of Arkansas, who called for an investigation into Smith’s “unprecedented interference in the 2024 election.” The Hatch Act, a 1939 law, restricts federal employees from engaging in certain political activities. Trump and other GOP lawmakers have claimed Smith’s investigations amounted to illegal political interference.
Smith was appointed special counsel by then-Attorney General Merrick Garland in 2022—just three days after Trump announced his 2024 presidential bid—to probe potential election interference in 2020 and Trump’s handling of classified documents. However, the Office of Special Counsel now investigating Smith is separate from the Justice Department-appointed role he held. While it can’t file criminal charges, it can recommend disciplinary action or refer findings to the Justice Department.
In social media posts Wednesday, Cotton accused Smith of acting as “a tool for the Biden and Harris campaigns,” calling his actions “unethical” and likely illegal. Cotton also criticized Smith for pushing for an unusually fast trial schedule, with jury selection set just weeks before the Iowa caucuses.
Smith filed two criminal indictments against Trump in 2023 but resigned in January before either case went to trial. His resignation came shortly after the Justice Department sought to overturn a judge’s order blocking the release of his investigative report on Trump’s alleged efforts to overturn the 2020 election. A second report by Smith on Trump’s classified documents case was also blocked from public release.
