Summary
- U.S. Office of Special Counsel investigating Jack Smith.
- Probe focuses on possible Hatch Act violations.
- Smith led two criminal cases against Donald Trump.
- Investigation follows Republican Sen. Tom Cotton's referral.
- OSC lacks power to prosecute, can recommend discipline.
Although they declined to provide any information, the Office of the Special Counsel (OSC) told the BBC that an inquiry into Mr. Smith is now underway.
In 2022, Mr. Smith was named special counsel to look into Trump's alleged attempts to sway the 2020 election and his suspected mishandling of secret data.
Although the OSC can take disciplinary action or send its findings to the Department of Justice, it lacks the ability to file criminal charges against Mr. Smith.
According to US media on Saturday, Mr. Smith is being investigated by the OSC for possible violations of the Hatch Act, which forbids government personnel from engaging in political activity.
It follows Republican Senator Tom Cotton of Arkansas's request that the OSC look into Mr. Smith's "unprecedented interference in the 2024 election."
In November 2022, Mr. Smith was appointed by former Attorney General Merrick Garland to lead government investigations of Trump.
The president entered a not guilty plea and attempted to portray the prosecutions as politically motivated after criminal charges were brought against him in each of the cases he looked into.
After Trump won the presidency in November 2024, the cases were eventually closed since it is illegal to prosecute a sitting president, according to Justice Department rules.
What specific allegations are prompting the investigation into Jack Smith?
The investigation into former special counsel Jack Smith centers on allegations that he violated the Hatch Act, which restricts partisan political activities by federal employees. Specifically, the allegations claim that Smith engaged in political conduct by attempting to accelerate the criminal proceedings against Donald Trump related to his 2020 election interference case with the intent to influence the 2024 presidential election.
Senator Tom Cotton, who requested the investigation, accused Smith of acting as a “partisan Democrat” who “weaponized the law against President Trump to help Dems win,” pushing for trial dates that would clash with critical election events like the Iowa caucuses.
Cotton alleges that Smith’s expedited investigation and prosecutions were not standard or justified legal actions but were aimed at politically undermining Trump’s re-election campaign. However, no concrete evidence has been publicly presented to substantiate these claims.