The U.S. Office of Special Counsel has announced an investigation into Jack Smith, the former special counsel, to determine if he violated the Hatch Act during his criminal inquiries into former President Donald Trump. This inquiry was initiated based on a referral from Republican Senator Tom Cotton of Arkansas, who alleges that Smith’s actions were politically motivated and aimed at undermining Trump’s campaign ahead of the 2024 election.
Both Jack Smith and former Attorney General Merrick Garland have previously asserted that their decisions regarding the investigations into Trump’s actions, including the classified documents case and the examination of Trump’s attempts to overturn the 2020 election results, were not influenced by political considerations. Trump has categorically denied any wrongdoing in both matters.
Smith’s attorney team has yet to comment on the ongoing investigation by the Office of Special Counsel. Notably, Smith’s legal actions were ultimately dismissed following the 2024 election due to a longstanding policy from the Department of Justice that restricts the prosecution of sitting presidents.
The Office of Special Counsel plays a critical role in safeguarding whistleblowers and enforcing regulations related to partisan political actions by government employees. However, it does not have the authority to pursue criminal investigations, differentiating it from Smith’s previous position as special counsel under the DOJ.
If it is determined that Smith violated the Hatch Act, the OSC’s options for recourse are limited since he is no longer a government employee. Any findings from the inquiry could potentially be referred to the DOJ, which is already investigating Smith and other prosecutors associated with the Trump cases through its “Weaponization Working Group.”
This investigation emerges amid broader scrutiny of the administration’s handling of sensitive information related to the late Jeffrey Epstein, indicating a potential attempt to shift focus within the political landscape.
Overall, the development signifies the complex intersection of legal proceedings and political ramifications as the 2024 election approaches, showcasing ongoing tensions in the current political climate.