Senator Tom Cotton has formally requested an investigation into Special Counsel Jack Smith, alleging that Smith violated the Hatch Act in his handling of cases related to Donald Trump.
The complaint centers around accusations that Smith’s actions—especially those taken in the lead-up to the 2024 presidential election—were politically motivated and intended to influence the election outcome to the detriment of Trump.
The Hatch Act and Alleged Violations
The Hatch Act is a federal law that restricts the political activities of federal employees, aiming to ensure a nonpartisan administration of government programs. The law specifically prohibits employees from using their official authority to influence elections or engage in political campaigns.
Cotton’s complaint asserts that Smith’s conduct, especially in cases related to the Mar-a-Lago classified documents investigation and the January 6 Capitol riot probe, was politically biased and timed to harm Trump’s campaign.
The key statute at play, 5 U.S. Code § 7323, prohibits federal employees from taking active roles in political campaigns and using their official influence to interfere with elections.
Cotton claims Smith’s actions, such as pushing for quick prosecution and filing certain briefs at a politically sensitive time, were meant to disadvantage Trump’s presidential bid.
Cotton’s Criticisms of Smith’s Actions
In his letter, Cotton outlined four examples of Smith’s actions that he believes demonstrate improper political motivations:
Timing of Prosecutions: Cotton argues that Smith moved too quickly with the indictments related to Mar-a-Lago and the January 6 insurrection, suggesting the timing was intentionally aimed at hurting Trump’s campaign prospects.
Certiorari Filing: Smith’s attempt to fast-track the January 6 case by seeking certiorari before judgment at the Supreme Court is seen by Cotton as a politically motivated maneuver.
Immunity Brief: After the Supreme Court ruled that presidential immunity protected Trump from some legal actions, Smith proceeded with the case, filing an oversized immunity brief despite the case nearing the election period.
The “60-Day Rule”: Cotton also points to the Justice Department’s unwritten “60-day rule”, which discourages legal actions close to an election, arguing that Smith ignored it.
Potential Consequences for Smith
If the Office of Special Counsel (OSC), which investigates violations of the Hatch Act, finds Smith at fault, he could face a range of civil penalties. While the Hatch Act does not carry criminal penalties for civil violations, consequences could include:
Removal from federal service
Suspension
A reprimand letter
A fine of up to $1,000
While criminal penalties exist for more egregious violations, Cotton’s letter focuses on potential civil violations rather than criminal conduct.
Smith’s Political Influence Claim
Cotton’s complaint hinges on the belief that Smith’s actions were politically charged and not driven by necessity or standard legal procedure. He argues that the timing and aggressive legal strategies were meant to hurt Trump’s 2024 campaign and create an unfair advantage for the opposition.
The investigation into Smith’s conduct represents a shift in the battle between Trump’s allies and the legal team pursuing him, emphasizing the intersection of politics and the law.
The Broader Context
The timing of this complaint comes amid intense scrutiny of the actions of federal prosecutors, especially as Trump faces multiple legal challenges. Special Counsel Jack Smith has played a central role in the investigations into Trump’s alleged involvement in the January 6 attack and his handling of classified documents.
Meanwhile, Trump’s allies have consistently claimed that these efforts are part of a broader political vendetta against him, a claim that is now being extended through this investigation into Smith’s actions.
The OSC will likely conduct a formal investigation to determine whether Smith’s actions violated the Hatch Act. While this is unlikely to lead to immediate criminal charges, the investigation could have serious career consequences for Smith and further fuel political tensions between the Trump camp and those prosecuting him.
