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2d ago

OSC Opens Hatch Act Probe Into Special Counsel Jack Smith

The independent ethics agency launched the inquiry at Sen. Tom Cotton’s request with authority only to recommend disciplinary action or refer findings to the Justice Department.

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 opened a formal probe into alleged Hatch Act violations by Jack Smith during his tenure as special counsel.
  • The inquiry follows Sen. Tom Cotton’s allegations that Smith improperly influenced the 2024 election through his prosecutions of President Trump.
  • The Hatch Act restricts political activity by federal employees and authorizes the OSC only to impose administrative measures or refer cases to the DOJ.
  • Smith secured indictments against Trump in 2023 over classified documents and the January 6 Capitol attack before resigning in January 2024.
  • Legal experts say the OSC could recommend sanctions or send a criminal referral to the Justice Department despite no public evidence of misconduct.