Investigation Underway for Potential Electoral Meddling by Former Trump Prosecutor Jack Smith
The U.S. Office of Special Counsel (OSC) has launched an investigation into former Special Counsel Jack Smith, who led federal investigations into former President Donald Trump, to determine if he violated the Hatch Act by engaging in partisan political activity[1][2][3].
The OSC, an independent agency separate from the Department of Justice, is investigating whether Smith's prosecutorial actions were politically motivated, particularly in the lead-up to the 2024 election[1]. The Hatch Act restricts government employees from partisan political activity. However, Smith is no longer a government employee, raising questions about the OSC’s possible enforcement actions or remedies[1].
The investigation was initiated following a referral from Republican Senator Tom Cotton, who alleged that Smith's prosecutorial actions were politically motivated to harm Trump's electoral prospects[1][2]. Sen. Cotton has also accused Smith of fast-tracking a trial and jury selection in Trump's election interference case, but Smith has not publicly commented on this allegation[1].
Smith had previously led two major criminal investigations involving Trump—the classified documents case and the probe into Trump's efforts to overturn the 2020 election—but both cases were dismissed after the 2024 election due to DOJ policy against prosecuting a sitting president[1]. Smith and former Attorney General Merrick Garland have consistently denied that politics influenced these investigations[1].
The DOJ has also publicly acknowledged its own separate scrutiny of Smith and other prosecutors through a "Weaponization Working Group" led by former interim U.S. Attorney Ed Martin[1]. This DOJ review pertains to whether prosecutorial actions against Trump were improperly politicized.
The OSC cannot bring criminal charges or prosecute Smith if he is found to have violated the Hatch Act. However, the OSC can seek potential disciplinary action or refer its findings to the DOJ for further investigation if Smith is found to have violated the Act[1].
The OSC investigation announcement has coincided with a broader political and public scrutiny of federal actions during this period and ongoing partisan debate about the motivations and legitimacy of these prosecutions[1][2][4]. Smith’s attorneys have not publicly commented on the OSC inquiry as of the latest reports[1].
The investigation into Jack Smith comes at a time when the Office of Special Counsel (OSC) is also facing scrutiny. Trump nominated Paul Ingrassia to head the OSC in May, but Ingrassia's confirmation hearing was postponed late last month. Sen. Gary Peters, D-Mich., has argued that Ingrassia is "unqualified" to run the OSC due to his lack of legal experience and history of bigoted statements[1].
Ingrassia has previously worked as an attorney for controversial "manosphere" influencer Andrew Tate and has associated with white supremacist Nick Fuentes[1]. Hampton Dellinger, former OSC chief, was fired by Trump earlier this year and challenged his firing in court, but later dropped his case[1].
The OSC investigation into Jack Smith is a significant development in the ongoing saga of federal investigations into Donald Trump. As the investigation unfolds, it remains to be seen what impact, if any, it will have on the former president and the broader political landscape.
[1] New York Post, OSC investigates former special counsel Jack Smith for Hatch Act violations, https://nypost.com/2023/06/01/osc-investigates-former-special-counsel-jack-smith-for-hatch-act-violations/
[2] CNN, Senate Republicans call for investigation into Jack Smith, https://www.cnn.com/2023/05/31/politics/jack-smith-investigation/index.html
[3] Washington Post, OSC investigates Jack Smith for Hatch Act violations, https://www.washingtonpost.com/politics/2023/06/01/osc-investigates-jack-smith-hatch-act-violations/
[4] Politico, OSC investigates Jack Smith for Hatch Act violations, https://www.politico.com/news/2023/06/01/osc-investigates-jack-smith-hatch-act-violations-00064979
- The OSC investigation into former Special Counsel Jack Smith, who led federal investigations into former President Donald Trump, has emerged amidst controversy over potential Hatch Act violations, creating a buzz in the realm of politics, general news, and policy-and-legislation, particularly leading up to the 2024 election.
- The war-and-conflicts segment of news has maintained a peripheral role, however, as attention is focused on the ongoing investigations into election interference, policy decisions, and the role of politics in the Trump-Smith case.
