Federal Probe Launched into Former Special Counsel Jack Smith Over Hatch Act Claims
The U.S. Office of Special Counsel is investigating former Special Counsel Jack Smith for alleged Hatch Act violations. Senator Tom Cotton referred the case, alleging Smith's actions harmed President Trump's political prospects.
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Overview
- The U.S. Office of Special Counsel (OSC) has launched an investigation into former Special Counsel Jack Smith for alleged illegal political activity, including potential violations of the Hatch Act.
- This probe was initiated following a referral from Republican Senator Tom Cotton, who accused Smith of taking actions intended to harm President Trump's political prospects.
- Jack Smith was appointed by Attorney General Merrick Garland in November 2022 and previously led federal criminal charges against President Trump concerning classified documents and the 2020 election.
- The independent OSC's investigation specifically focuses on whether Smith's inquiries into President Trump violated the Hatch Act, which prohibits political activities by government officials.
- President Trump denies any wrongdoing, asserting political motivation behind these investigations, while some cases against him were closed after his 2024 re-election.
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Analysis
Center-leaning sources collectively frame the investigation into Jack Smith by questioning its legitimacy and suggesting it's part of a broader pattern of political targeting. They emphasize the lack of clear basis for the probe, highlight the partisan background of the current OSC leadership, and draw comparisons to other investigations under the Trump administration, implying a selective focus.
"The Office of Special Counsel told The New York Times it was investigating Smith for potentially violating the Hatch Act, which prohibits federal workers from engaging in political activity while on the job."
Fortune"The independent federal agency confirmed to CBS News on Saturday that it has launched an investigation into Smith for potential violations of the Hatch Act, a federal law that "limits certain political activities of federal employees.""
CBS News"The OSC investigation comes after Trump fired its former head, Hampton Delligner, in February after Dellinger advocated for probationary federal employees laid off by the Trump administration to be reinstated."
BBC News"It was not clear what basis exists to contend that Smith’s investigations were political in nature or that he violated the Hatch Act, a federal law that bans certain public officials from engaging in political activity."
Associated Press"The investigation follows a referral from Republican Sen. Tom Cotton of Arkansas earlier this week that asked the OSC to investigate Smith for his investigative and prosecutorial activities prior to the 2024 election which Cotton argued were intended to harm Trump's political prospects."
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FAQ
The Hatch Act is a federal law that restricts the political activities of government employees to ensure federal programs are run in a nonpartisan manner and to protect employees from political coercion. It prohibits activities such as using official authority to interfere with elections, soliciting or discouraging political activity among federal employees, soliciting political contributions, and running for public office in partisan elections.
The OSC is an independent federal agency responsible for enforcing the Hatch Act. It investigates complaints about political activities by federal employees, prosecutes violations before the Merit Systems Protection Board, and issues advisory opinions to clarify what political activities are permissible under the law.
The investigation was launched following a referral from Republican Senator Tom Cotton, who alleged that Jack Smith engaged in illegal political activity through his criminal investigations of President Trump prior to the 2024 election, intended to harm Trump's political prospects.
While the OSC can investigate potential Hatch Act violations, its enforcement powers may be limited against Smith because he is no longer a government employee, and the OSC does not have criminal investigatory powers. The OSC primarily assists whistleblowers and enforces Hatch Act compliance among current employees.
Jack Smith and former Attorney General Merrick Garland have maintained that the investigations into classified documents and the 2020 election subversion claims were not driven by political motives and have denied wrongdoing related to Hatch Act violations.
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