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OSC launches Hatch Act inquiry into Smith over Trump prosecutions

Published 27 August 2025

A federal watchdog has opened a Hatch Act inquiry into former special counsel Jack Smith amid Republican allegations that his prosecutions of former President Donald Trump were politically motivated. Smith’s lawyers, in a three-page letter to the acting head of the Office of the Special Counsel, rejected the inquiry as baseless and said the investigations into Trump were guided by established legal principles rather than political considerations. The OSC confirmed the investigation following a referral from a U.S. senator who argued that Smith’s handling of the cases could have influenced the 2024 election.

The Office of the Special Counsel, an independent agency separate from the Department of Justice, said the inquiry would examine whether Smith engaged in prohibited political activities through his prosecutions of Trump. The inquiry was prompted by concerns raised by Senator Tom Cotton, who had alleged that Smith sought to interfere with the 2024 election by expediting the cases and even pressing for a Supreme Court ruling on a key issue before a lower court could review it. Smith’s team contends that there was no basis to suspect a Hatch Act violation and that no court...

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