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yesterday

Office of Special Counsel Opens Hatch Act Probe of Jack Smith

Potential next steps range from ethics sanctions to a Justice Department referral under the Hatch Act.

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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 OSC confirmed it has launched a non-criminal investigation into whether Smith violated the Hatch Act while overseeing two 2023 indictments against Trump.
  • Senator Tom Cotton requested the inquiry, accusing Smith of “unprecedented interference in the 2024 election” through his prosecutorial decisions.
  • Under its statutory authority, the OSC can impose disciplinary measures on federal employees and refer cases to the DOJ but cannot bring criminal charges itself.
  • Legal experts warn that a public ethics proceeding could politicize the justice system and potentially backfire by giving Smith a broader platform.
  • Observers note the Trump administration’s history of Hatch Act breaches, raising questions about selective enforcement of the ethics law.