Days after Republican Sen. Tom Cotton of Arkansas called for an investigation of former special counsel Jack Smith, it has begun.
On Saturday, the Office of Special Counsel confirmed it was looking into a potential violation of the Hatch Act, which bans politics on the job for federal workers, according to The New York Times.
The New York Post said it has seen an email from Senior Counsel Charles Baldis at the Office of Special Counsel saying it was reviewing the possibility of Hatch Act violations by Smith.
These actions were not standard, necessary, or justified. They were the actions of a political actor masquerading as a public official.
That’s why I’ve asked this unprecedented interference in the 2024 election be immediately investigated by OSC. https://t.co/5cirJoPz7P
— Tom Cotton (@SenTomCotton) July 30, 2025
Smith pursued President Donald Trump in two separate cases that have been abandoned – one alleging Trump interfered in the 2020 election and the other that he mishandled classified documents.
“I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack Smith’s conduct. No one is above the law,” Cotton said.
“Jack Smith’s actions were clearly driven to hurt President Trump’s election, and Smith should be held fully accountable,” he said.
In a series of posts on X, Cotton explained his rationale for calling for Smith to be investigated.
“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office. Let’s take a look at just how egregiously Smith used his DOJ role to influence the election,” Cotton wrote.
“Special Counsel Smith pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection to begin just two weeks before the Iowa caucuses. No other case of this magnitude and complexity would come to trial this quickly,” Cotton wrote.
Sorry I am not impressed with an internal DOJ inquiry into whether Jack Smith violated the Hatch Act to interfere in the 2024 election.
I covered those thugs and both cases against the president more than anyone on this side—and I want handcuffs.
Not for election interference… https://t.co/dsch0q4vjY
— Julie Kelly 🇺🇸 (@julie_kelly2) August 2, 2025
“Special Counsel Smith tried to bypass the normal process and go right to the Supreme Court, but gave no reason why his abnormal request should be granted. The real reason was to get a quick ruling to damage Trump before the election—a partisan, unlawful action,” Cotton posted.
Cotton noted that Smith “filed for a ‘procedurally irregular’ brief, with no defense motion pending, on September 24, 2024, which may violate DOJ’s 60-day rule before Election Day. This was breathlessly covered by the press in a way to damage Trump,” Cotton wrote.
“This brief was 165 pages, four times greater than the normal maximum page limit, and included what was at the time secret grand jury testimony. Why? To help Kamala and hurt Trump. There is no other reason,” Cotton wrote.
This brief was 165 pages, four times greater than the normal maximum page limit, and included what was at the time secret grand jury testimony. Why? To help Kamala and hurt Trump. There is no other reason.
— Tom Cotton (@SenTomCotton) July 30, 2025
“These actions were not standard, necessary, or justified. They were the actions of a political actor masquerading as a public official. That’s why I’ve asked this unprecedented interference in the 2024 election be immediately investigated by OSC,” Cotton wrote.
Do you think Jack Smith should face consequences for his actions?
After failing in his pursuit of a conviction against Trump, Smith resigned before Trump, who had vowed to fire him, took office. As noted by the Times, the most extreme punishment for Hatch Act violations is losing one’s federal job.
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