Jack Smith, the former Special Counsel who led federal prosecutions against President Donald Trump, is now under investigation by the U.S. Office of Special Counsel (OSC) for potential violations of the Hatch Act.

The OSC confirmed the investigation in an email reviewed by the New York Post, written by Senior Counsel Charles Baldis.

The investigation focuses on whether Smith engaged in political activity while holding a federal position.

Jack Smith is now under investigation by the HATCH ACT unit by the Office of Special Counsel.

I have waited for this. I knew it was coming. No one is above the law. pic.twitter.com/DoimcRrC8u — Sassafrass84 (@Sassafrass_84) August 2, 2025

The Hatch Act prohibits federal employees from using their official authority or influence to affect the outcome of an election.

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Smith, who brought charges against President Trump relating to the retention of classified documents and his actions on January 6, 2021, is accused by critics of pursuing politically motivated legal actions during the 2024 election cycle.

Smith’s prosecution of President Trump involved allegations of improperly retaining classified materials after leaving office—charges that Trump and his legal team have consistently argued are covered under the Presidential Records Act.

That law gives former presidents the authority to designate certain records as personal upon leaving office.

BREAKING:

The Office of Special Counsel has launched a formal criminal investigation into Special Prostitute Jack Smith, the first official legal probe into his conduct, pic.twitter.com/ztB9n09wyJ — RealRobert (@Real_RobN) August 2, 2025

Smith also pursued charges in connection with the January 6 Capitol breach.

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Following President Trump’s return to office in January 2025, Smith resigned from his role as Special Counsel.

He has not made any public comment regarding the OSC investigation.

Senator Tom Cotton, who serves as the Chair of the Senate Intelligence Committee, requested the investigation and issued a letter to the Office of Special Counsel earlier this week urging action.

In a statement to the New York Post, Cotton said, “I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith's conduct. No one is above the law.”

Cotton argued that Smith’s prosecutions were timed and executed in a way that appeared to serve the political interests of the Biden-Harris administration during the 2024 election cycle.

“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable,” Cotton said.

In his formal letter to the OSC, Cotton wrote, “Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office.”

He further stated, “Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results – actions that would violate federal law.”

“These actions were not standard, necessary, or justified,” Cotton continued.

“They were the actions of a political actor masquerading as a public official.”

The OSC’s Hatch Act Unit is responsible for investigating allegations that federal employees engaged in prohibited political activity.

The scope of the review into Smith has not been publicly detailed, and the office has not confirmed any timeline for its findings.

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