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The Hatch Act Probe into Jack Smith Is Political Retaliation—Not Justice

Summary

Trump is using federal agencies to retaliate against Jack Smith, the prosecutor who investigated him. This Hatch Act probe is political payback—not justice—and it’s straight out of the authoritarian playbook.

A satirical caricature of Senator Tom Cotton, exaggerated for effect, showing him mid-outburst with clenched fists, wide eyes, and an open mouth as if shouting. He wears a dark suit with a bright red tie, appearing overly theatrical in his expression of outrage.

By Ricky Dana

After lawfully investigating Donald Trump’s classified documents case and his effort to overturn the 2020 election, former Special Counsel Jack Smith is now being targeted—not by the courts, but by Trump’s political allies.


On August 2, 2025, the U.S. Office of Special Counsel (OSC) confirmed it has opened a Hatch Act investigation into Jack Smith. This follows a partisan referral from Republican Senator Tom Cotton of Arkansas, who accused Smith of trying to damage Trump politically before the 2024 election.


The facts don’t back that up. Smith and former Attorney General Merrick Garland made it clear that the investigations were driven by evidence—not politics. And when Trump retook office in 2025, the DOJ was required by policy to drop the charges, because it cannot prosecute a sitting president.


That’s not corruption. That’s process. Jack Smith followed the rules. He made no political statements. He didn’t hold press conferences to sway voters. He didn’t leak documents. He conducted investigations, secured indictments, and stepped back when DOJ policy demanded it.


But now he’s being punished for it.


This Is Not What the Hatch Act Was Meant For


The Hatch Act prohibits government employees from using their official roles for political activity. That means no campaigning from the office. No making policy to benefit a party. It does not ban legal investigations into public officials.


To say that Smith violated the Hatch Act just for investigating Trump sets a dangerous precedent: it implies that no prosecutor can touch a political figure during campaign season. That’s not law. That’s cowardice.


Tom Cotton’s Outrage Is a Joke—And a Double Standard


Let’s talk about hypocrisy.


Senator Tom Cotton isn’t bound by the Hatch Act—because it applies to executive branch employees. But there’s a Senate equivalent: the Senate Ethics Committee, which exists to stop lawmakers from misusing their office for political payback.


And that’s exactly what Tom Cotton is doing. He didn’t cite any actual misconduct. He didn’t uncover any political bias. He just didn’t like that Jack Smith built a case against Trump—so he used his office to go after a public servant who did his job.


This isn’t accountability. It’s political retaliation.


If you flipped the party labels, Republicans would be screaming about “weaponizing government.” But when it’s one of their own? They cheer it on.


Tom Cotton’s stunt is the same kind of targeted abuse the Hatch Act is supposed to stop—he just found a loophole. If there were a Hatch Act for Senators, Cotton would already be under investigation.


Trump Is Weaponizing the Government to Silence His Enemies


This Hatch Act probe isn’t about justice. It’s about revenge. Just like:


  • Trump’s executive order targeting the law firm that represented Jack Smith
  • The DOJ’s new “Weaponization Working Group” run by Trump allies to investigate former prosecutors
  • Efforts to criminalize those who stood up to Trump’s abuses of power

This is how authoritarian governments operate: they bend the law to crush dissent. They punish the people who dare to challenge the powerful. And they create a climate where truth becomes dangerous.


I grew up in rural Missouri. I know right from wrong. Jack Smith followed the law. Trump just got caught.


When I’m your congressman, I’ll never vote against Missouri or our communities—especially not the folks who feed America and defend our democracy.


“When you send me to DC in the 2026 election, I’ll stand up to political retaliation—no matter who’s in power.”


Sources:

Office of Special Counsel opens Hatch Act probe of Jack Smith – ABC News


U.S. Department of Justice: Office of Special Counsel Archives


Hatch Act of 1939 – U.S. Congress


Why DOJ Dropped Trump Cases After 2024 Election – CNN


Politico: OSC opens probe into Jack Smith


AP: Ex-Trump prosecutor Jack Smith faces investigation


Reuters: Federal agency opens probe into former Trump prosecutor

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