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3w ago

Office of Special Counsel Investigates Jack Smith Over Alleged Hatch Act Violations

Equipped only with civil powers, the OSC will assess whether Smith’s timing in prosecuting Trump’s criminal cases broke federal ethics rules after Sen. Cotton’s referral

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Former Special Counsel Jack Smith's cases brought two criminal indictments against Donald Trump in 2023 for the mishandling of classified documents and the Jan. 6 Capitol attack. Sen. Tom Cotton, R-Ark., has called for the U.S. Office of Special Counsel to investigate Smith's “unprecedented interference in the 2024 election.” (ALEX BRANDON/AP FILE)
Special Counsel Jack Smith in Washington, D.C., on Aug. 1, 2023.

Overview

  • The U.S. Office of Special Counsel confirmed on August 4 that it has launched an inquiry into former Special Counsel Jack Smith for potential Hatch Act breaches during his 2023 prosecutions of President Trump.
  • Senator Tom Cotton formally requested the probe, accusing Smith of “unprecedented interference in the 2024 election” by seeking an expedited trial schedule and Supreme Court review.
  • The Hatch Act prohibits federal employees from engaging in partisan political activity, and the OSC can impose only administrative sanctions or refer violations to the Justice Department.
  • Smith has not been shown to have committed specific violations and defended his work in a January report, arguing that his prosecutions upheld the rule of law despite political pressures.
  • Legal analysts warn that an OSC investigation could unintentionally provide Smith a public forum to revisit evidence against Trump and deepen partisan friction over prosecutorial independence.