Former Special Counsel Jack Smith Under Investigation by Office of Special Counsel for Potential Hatch Act Violations
The independent Office of Special Counsel (OSC) has initiated an inquiry into Jack Smith, a former special counsel who spearheaded criminal investigations pertaining to President Donald Trump’s handling of classified documents and alleged attempts to interfere with the 2020 election.
The investigation is centered on potential Hatch Act violations, as political adversaries of Trump, including himself, have been targeting perceived enemies and those involved in probes against him. The Hatch Act restricts political activities within the government, aiming to prevent partisan influence over elections or federal activities. This rule applies not only to federal employees but also to state and local employees who work with federally funded programs.
The OSC, an agency established by Congress and currently led by a Trump appointee in an acting capacity, handles allegations of whistleblower retaliation and Hatch Act investigations, according to its website.
As Smith no longer serves in the federal government, having resigned from the Justice Department earlier this year following the conclusion of his probes against Trump post-2024 election victory, it remains to be seen what consequences, if any, he may face as a result of the OSC’s investigation.
Smith’s two-year investigation into Trump was unprecedented, making him the first former White House occupant to face federal criminal charges. Trump and his allies have consistently criticized Smith, labeling his investigations as politically motivated attacks on the former president.
The OSC inquiry follows statements made by Senator Tom Cotton earlier this week alleging that Smith used his role within the Justice Department to influence the 2020 election in favor of Joe Biden’s and Kamala Harris’ campaigns. This claim is based on a brief filed by Smith within 60 days of Election Day, which may potentially violate a separate Justice Department rule beyond the Hatch Act.
As of this report, the White House has yet to comment on these developments.