Former Special Counsel Jack Smith Under Investigation for Potential Hatch Act Violations Amid Allegations of Partisan Influence
The Office of the Special Counsel (OSC) has initiated an investigation into potential Hatch Act violations by Jack Smith, the former special counsel who oversaw probes into President Donald Trump’s handling of classified documents and alleged attempts to manipulate the 2020 election.
The probe into Smith’s alleged Hatch Act breach arises amidst escalating efforts by Trump and his allies to retaliate against political adversaries and those involved in investigations against him.
The Hatch Act governs specific political activities of government employees, aiming to prevent the federal government from interfering in elections or conducting its affairs partisanly. According to the OSC’s explanation, it applies to not only federal employees but also state and local employees working on federally funded programs.
The OSC, an independent agency established by Congress, is currently led by a Trump appointee in an acting capacity, following the president’s dismissal of its previous head, who was appointed by President Biden for a five-year term.
The OSC primarily handles allegations of whistleblower retaliation and Hatch Act investigations, as per its website. Attempts to reach Smith’s representative for comment have been made.
In 2021, 13 officials from Trump’s initial term were found to have violated the Hatch Act. Violating this rule is not a criminal offense; consequences can range from mild reprimands to job loss.
The investigation ensued following Sen. Tom Cotton’s assertion earlier this week that Smith utilized his DOJ role to influence the election in favor of former President Joe Biden and Vice President Kamala Harris’ campaigns, potentially breaching a separate Justice Department rule that surpasses the Hatch Act by filing a brief within 60 days of Election Day.
Attempts to reach the White House for comment have been made. This story will be updated as more information becomes available.