Jack Smith Under Federal Investigation for Alleged Election Interference, Hatch Act Violations
Federal authorities have launched a formal investigation into former Special Counsel Jack Smith following allegations that he may have violated the Hatch Act — a law designed to prevent political activity by government officials while performing official duties.
According to documentation reviewed by the New York Post, the U.S. Office of Special Counsel (OSC), an independent agency charged with enforcing the Hatch Act, has initiated the probe through its Hatch Act Unit. Senior Counsel Charles Baldis reportedly confirmed the investigation via email.
At the heart of the allegations are concerns that Smith may have used his position within the Department of Justice (DOJ) to influence the 2024 presidential election — specifically in a manner detrimental to former President Donald Trump.
Republican Senator Tom Cotton of Arkansas, who also chairs the Senate Intelligence Committee, applauded the move in a public statement.
“I commend the Office of Special Counsel for treating this matter with the seriousness it deserves. Jack Smith is not above the law,” Cotton said. “His conduct appears to have been politically motivated and aimed squarely at undermining President Trump’s campaign.”
He also criticized Smith’s attempt to bypass normal judicial channels and take the case directly to the U.S. Supreme Court without sufficient justification.
“The goal wasn’t justice. It was speed — and the motive was clearly political,” Cotton added. “This was campaign interference dressed up as legal process.”
The Office of Special Counsel has not publicly commented beyond confirming that a review is underway.
Smith, appointed as Special Counsel under the Biden administration, previously led two high-profile federal investigations into Donald Trump — one focused on Trump’s retention of classified materials at Mar-a-Lago, and the other examining his role in the events surrounding January 6, 2021. Both investigations have since concluded without resulting in a conviction, and the cases have been dropped.
Cotton is now urging OSC to complete its investigation and, if warranted, hold Smith accountable for what he describes as “an unprecedented attempt to sway the outcome of a presidential election through federal authority.”
“These weren’t the decisions of a neutral public servant,” Cotton concluded. “They were the calculated moves of a partisan figure operating from inside the Department of Justice.”
The outcome of the investigation could have major implications, not only for Jack Smith personally but also for future interpretations of the Hatch Act and its role in maintaining political neutrality within the federal government.
