The U.S. Office of Special Counsel (OSC), which operates independently from the government, is now probing Jack Smith, the former special counsel. This comes after accusations of him breaching the Hatch Act—claims predominantly voiced by President Donald Trump and various high-profile Republicans, although there’s no concrete evidence backing these allegations as of now.
It’s significant to note that the OSC can’t impose criminal charges. Its role is more about disciplining federal employees, which can range from suspension to removal from government service. They also have the option to forward findings related to Hatch Act violations to the Department of Justice (DOJ) for further examination.
On Wednesday, Arkansas Senator Tom Cotton reached out via Twitter, urging the OSC to investigate Smith, accusing him of unprecedented interference in the upcoming 2024 election. As confirmed by NBC News, the OSC is indeed looking into the situation, having indicated to Cotton that they would move forward with the inquiry he recommended.
Jack Smith stepped into the role of special counsel when then-Attorney General Merrick Garland appointed him back in November 2022. His job was to oversee federal investigations related to Trump, who had just thrown his hat in the ring for the presidency just three days prior to Smith’s appointment. In 2023, Smith managed to file two criminal charges against Trump while serving in this role, but he ultimately resigned a week before Trump’s inauguration in January 2024, without bringing any of the charges to trial.
Senator Cotton criticized Smith, asserting in a recent post on X that, Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns. This behavior is not just morally questionable; it likely borders on illegal activity coming from a public office.
Cotton claims that Smith aimed for a quick trial for Trump but has yet to share explicit evidence showing exactly how Smith’s conduct fell into illegal territory.
Typically, Hatch Act violations don’t get pushed to the DOJ. Back in 2019, the OSC had recommended that then-President Trump dismiss Kellyanne Conway from her position due to Hatch Act breaches, yet this wasn’t escalated to the DOJ level.
The news about the OSC’s investigation was first highlighted by the NY Post.
The nomination of Trump’s choice to lead the OSC is currently stuck in the Senate. According to a White House official, Paul Ingrassia, who used to host a podcast and has a background of controversial comments, is set for individual meetings with senators before the month wraps up to discuss his potential confirmation.
This news was initially shared on NBCNews.com.
