Ex-Trump Prosecutor Jack Smith Probed For Alleged Election Interference
Topline
Former special counsel Jack Smith, who headed two criminal investigations into President Donald Trump, faces a probe by the Office of Special Counsel for alleged election interference, the agency confirmed to Forbes, after a top Republican accused Smith of attempting to “damage” Trump ahead of the 2024 presidential election.
A probe comes after Republican Sen. Tom Cotton accused Smith of “unlawfully” seeking to influence the 2024 presidential election.
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Key Facts
The OSC, an independent agency of the federal government, is investigating Smith for alleged violations of the Hatch Act, which prohibits federal employees from engaging in political activities, the agency told Forbes (the New York Post was first to report on the probe).
Earlier this week, Senate Intelligence Committee chair Sen. Tom Cotton, R-Ark., requested an investigation into Smith by the OSC for “unprecedented interference” in the recent presidential election, claiming Smith’s investigations into Trump were “nothing more than a tool for the Biden and Harris campaigns.”
Cotton alleges Smith fast-tracked a trial and jury selection in Trump’s election interference case, which was dropped by Smith weeks after the 2024 election, and accused Smith of failing to “articulate a legitimate reason” why the court should grant his requests to fast-track.
Cotton also claimed Smith violated the DOJ’s “60-day rule,” which prevents prosecutors from taking steps in a case that could influence an upcoming election, alleging Smith aimed to “help [Kamala Harris] and hurt Trump,” adding, “These actions were not standard, necessary, or justified.”
Smith has not publicly commented on Cotton’s allegations.
What To Watch For
If the OSC finds Smith violated the Hatch Act, the agency cannot bring criminal charges against or prosecute Smith, though it can seek potential disciplinary action or refer its findings to the DOJ for further investigation.
Surprising Act
Trump ousted former OSC chief and President Joe Biden appointee Hampton Dellinger earlier this year. Dellinger challenged his firing in court, but later dropped his case. Trump nominated Paul Ingrassia to head the office in May, though Ingrassia’s confirmation hearing was postponed late last month. Sen. Gary Peters, D-Mich., has argued that Ingrassia, a former right-wing podcast host, is “unqualified” to run the OSC, “both in terms of his legal experience and given his long history of bigoted statements.” Ingrassia has previously worked as an attorney for controversial “manosphere” influencer Andrew Tate and has associated with white supremacist Nick Fuentes.
Key Background
Smith was appointed by then-Attorney General Merrick Garland in November 2022 and carried out two federal investigations of Trump during his two-year tenure. His probes looked into Trump’s bid to overturn the 2020 election and Trump’s alleged withholding of classified documents, though Smith dropped charges in both cases. Smith accused Trump of violating the law to overturn the 2020 election by pushing false claims of voter fraud while knowing they were false. Smith signaled he would step down as special counsel in the months leading up to Trump’s inauguration earlier this year before resigning on Jan. 11. His resignation was disclosed in a court filing, in which the Justice Department wrote Smith had “separated” from the agency after completing his reports into Trump.
