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yesterday

Office of Special Counsel Probes Jack Smith for Alleged Hatch Act Violations

Sen. Tom Cotton’s request prompted the inquiry despite no public proof of partisan misconduct by Smith.

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 can only recommend disciplinary measures or refer its findings to the Justice Department and lacks criminal prosecutorial power under the Hatch Act.
  • Smith was appointed as special counsel in November 2022, bringing two indictments against President Trump on classified documents and Jan. 6 charges before resigning in January.
  • Legal experts warn the inquiry could politicize Justice Department oversight by targeting a former special counsel without substantiated allegations.
  • Earlier this year, the administration relaxed Hatch Act enforcement and a prior OSC report found 13 senior Trump aides had violated the law.
  • Attorney General Pam Bondi has dismissed more than 20 prosecutors and staff who assisted in Smith’s investigations.