Federal prosecutor Jack Smith is facing new scrutiny as an ethics complaint has been filed by Republican Senator Tom Cotton, accusing the former special counsel of violating the Hatch Act in his high-profile prosecution of President Donald Trump. The complaint marks a significant move in what appears to be the latest chapter in Trump’s long-promised political retaliation.
Throughout his presidency and beyond, Trump has repeatedly attacked Smith, calling him a “scoundrel,” “dishonest,” “deranged,” and a “left-wing radical.” With Trump now back in office, Cotton’s letter may signal a formal attempt to hold Smith accountable — or, as critics claim, to punish him for prosecuting the president.
Cotton submitted the complaint last week to Jamieson Greer, the acting special counsel at the Office of Special Counsel (OSC) — not to be confused with the Department of Justice’s Special Counsel’s Office, which Jack Smith previously led. The OSC has reportedly opened an investigation into Smith’s conduct.
The complaint cites 5 U.S. Code § 7323, a statute under the Hatch Act, which bars federal employees from using their official positions to influence elections or engage in political activity. Cotton alleges that Smith may have “unlawfully taken political actions to influence the 2024 election to harm then-candidate President Donald Trump.”
In the letter, Cotton offered four examples:
- Smith’s prosecution of Trump before the 2024 election, which Cotton claims was rushed.
- His unusual step of seeking certiorari before judgment from the Supreme Court in the Jan. 6 case.
- His continued pursuit of the case even after the Court ruled that Trump’s official acts are presumptively immune.
- His filing of a lengthy immunity brief close to the election, which Cotton said violated the DOJ’s unwritten “60-day rule.”
Cotton insisted, “These actions were not standard, necessary, or justified — unless Smith’s real purpose was to influence the election.” He further claimed that Smith’s “far-fetched and aggressive legal theories” were politically motivated.
The “60-day rule,” often cited in political disputes, is a non-binding Justice Department guideline that discourages law enforcement actions likely to affect an election close to voting day. Legal experts have noted that it does not carry the force of law and is open to interpretation.
Though the Hatch Act does have criminal provisions, Cotton’s letter seeks civil accountability. The OSC has the authority to recommend penalties such as suspension, reprimand, fines up to $1,000, or even removal from federal service.
It remains unclear how far the investigation will go — or whether it will yield disciplinary action — but the complaint is already being viewed by some as a politically charged effort to strike back at one of Trump’s most visible legal adversaries.