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Office of Special Counsel Investigates Jack Smith Over Alleged Political Activity

Prompted by a request from Senator Tom Cotton, the probe will look into potential Hatch Act breaches and may lead to disciplinary sanctions but not criminal charges.

Overview

  • The Office of Special Counsel has opened a formal inquiry into whether Jack Smith engaged in political activities during work hours in violation of federal ethics rules.
  • Senator Tom Cotton urged the OSC to investigate if Smith’s actions aimed to influence the 2024 presidential election, triggering the current review.
  • Smith served as DOJ special counsel from 2022 to January 2025, overseeing high-profile cases against President Trump on election interference and classified documents.
  • Unlike the Justice Department, the OSC cannot file criminal charges and is limited to administrative or disciplinary measures or referring findings for further action.
  • The investigation highlights intensified partisan scrutiny of oversight bodies following Smith’s resignation days before President Trump’s second inauguration.