The Office of Special Counsel has opened an investigation into former special counsel Jack Smith, alleging he may have broken a law that bars federal workers from engaging in political activities — a probe that feels politically motivated, considering Donald Trump and his allies have historically scoffed at ethics laws and that a dozen people in Trump’s first administration were found to have violated such laws.
The Office of Special Counsel, led by former right-wing podcaster and 2020 election denier Paul Ingrassia, confirmed on Saturday that it was looking into allegations that Smith violated the Hatch Act, a 1939 law that says federal workers can’t engage in partisan activities when operating in their official capacity.
Smith, who was appointed by Attorney General Merrick Garland in 2022 to investigate Trump for allegedly attempting to subvert the 2020 election and unlawfully retaining classified documents, resigned from his post in January.
Sen. Tom Cotton (R-Ark.), a longtime Trump ally, demanded an investigation into Smith last week, claiming that the former special counsel had “used his DOJ role to influence the [2024] election.” He further alleged that Smith had “pushed for an out-of-the-ordinary, rushed trial” over Trump’s alleged attempts to subvert the 2020 election, defraud the public and intimidate voters by inspiring his supporters to violently attack the U.S. Capitol on Jan. 6, 2021, as Congress met to certify the election.
