U.S. Office of Special Counsel Investigates Former Special Counsel Jack Smith for Hatch Act Violations
The U.S. Office of Special Counsel is currently investigating former special counsel Jack Smith for potential violations of the Hatch Act, as claimed by President Donald Trump and other Republicans. The OSC, an independent federal agency, does not have the authority to press criminal charges but can recommend disciplinary actions for federal employees or refer cases to the Department of Justice for further investigation. Senator Tom Cotton has requested the OSC to look into Smith's alleged interference in the 2024 election, prompting the agency to confirm its ongoing inquiry.
Smith was appointed as special counsel by then-Attorney General Merrick Garland in November 2022 to oversee federal investigations into Trump, who had recently announced his candidacy for the presidency. Despite bringing criminal indictments against Trump in 2023, Smith resigned shortly before Trump's inauguration in 2024 without taking the cases to trial. Cotton has accused Smith of engaging in unethical and potentially illegal campaign activities on behalf of the Biden and Harris campaigns, specifically citing a rushed trial for Trump as evidence of misconduct.
While Hatch Act violations are typically handled by the OSC, they are not usually referred to the Department of Justice for prosecution. In a similar case in 2019, the OSC recommended the removal of White House Counselor Kellyanne Conway for Hatch Act violations, but the matter did not progress to the DOJ for further action. The OSC's investigation into Smith's alleged Hatch Act violations is ongoing, with Senator Cotton's concerns prompting a closer examination of the situation.