Jack Smith, the former special counsel who led two criminal probes into President Donald Trump, is now being investigated by the Office of Special Counsel (OSC) for potential election interference. The inquiry comes after a prominent Republican senator accused Smith of using his role to harm Trump’s chances ahead of the 2024 presidential election.
The OSC—a federal independent agency—confirmed to Forbes that it is reviewing whether Smith violated the Hatch Act, which bars federal employees from engaging in political activity. The New York Post first reported the investigation.
Sen. Tom Cotton (R-Ark.), chair of the Senate Intelligence Committee, initiated the request for the probe. He accused Smith of “unprecedented interference” in the last election and claimed the investigations into Trump were politically driven efforts to benefit the Biden-Harris campaign.
According to Cotton, Smith expedited the timeline for Trump’s election-related trial, pushing for early jury selection without offering a valid explanation. The case was eventually dropped after the election. Cotton also accused Smith of breaching the Justice Department’s 60-day rule, which restricts prosecutors from making election-related moves close to Election Day. He argued that Smith’s actions were designed to aid Vice President Kamala Harris and damage Trump’s campaign.
Smith has not issued a public statement in response to the allegations.
If the OSC determines Smith violated the Hatch Act, it cannot pursue criminal charges but may recommend disciplinary action or refer the matter to the Department of Justice for further steps.
Earlier this year, President Trump removed Hampton Dellinger, the Biden-appointed OSC chief. Although Dellinger contested the firing in court, he later dropped the case. In May, Trump nominated Paul Ingrassia to lead the agency, but his confirmation hearing was recently delayed. Sen. Gary Peters (D-Mich.) has criticized Ingrassia as unqualified, citing his past statements and controversial affiliations—including prior legal work for influencer Andrew Tate and ties to extremist figure Nick Fuentes.
Smith, appointed by then-Attorney General Merrick Garland in November 2022, oversaw investigations into Trump’s efforts to overturn the 2020 election and alleged mishandling of classified documents. Both cases were ultimately dropped. Smith had accused Trump of knowingly spreading false claims of voter fraud to subvert the election outcome. He resigned from his role as special counsel on January 11, shortly before Trump returned to office, with the Justice Department confirming his departure in a court filing.
