The U.S. Office of Special Counsel has opened an investigation into Jack Smith, the former Justice Department special counsel who brought two criminal cases against Donald Trump, for a possible breach of the Hatch Act, according to statements released on 2 August. The watchdog is examining whether Smith engaged in prohibited political activity while overseeing the probes into Trump’s alleged effort to overturn the 2020 election and his handling of classified documents. The referral was prompted by Republican Senator Tom Cotton, who claims Smith timed court filings to influence the 2024 presidential race. The Hatch Act bars most federal employees from using their official positions to affect electoral outcomes; penalties range from a reprimand to removal from government service, though criminal sanctions are rare. The Office of Special Counsel, an agency established by Congress and now led by an acting director appointed by Trump, did not specify a timeline for its review. Smith, a registered independent who left the Justice Department earlier this year, has not commented publicly. His prosecutions did not advance to trial after the Supreme Court expanded presidential immunity and Trump returned to office in January.