Washington, August 2ā3, 2025 ā The U.S. Office of Special Counsel (OSC) has officially launched an investigation into Jack Smith, the former Special Counsel who previously led criminal prosecutions against Donald Trump. The investigation focuses on whether Smith violated the Hatch Act, which prohibits federal employees from engaging in political activity while performing their official duties.
š What is the investigation about?:
The inquiry was initiated following a formal request from Republican Senator Tom Cotton, who accused Smith of acting with political motives during the 2023ā2024 investigations into Trumpās efforts to overturn the 2020 election and his handling of classified documents.
Cotton claimed Smith's actions aimed to harm Trumpās 2024 presidential campaign ā an accusation that, if proven, could amount to a violation of federal ethics laws.
āļø Legal Scope:
The OSC cannot file criminal charges but can recommend disciplinary actions, including removal from public service ā though Smith has already stepped down in January 2025.
The focus is to determine whether Smith used his former DOJ role to influence political outcomes.
š³ļø Political Context:
Smith was appointed by Attorney General Merrick Garland in late 2022 to lead two high-profile Trump investigations.
After Trumpās victory in the 2024 presidential election, both cases were dismissed based on DOJ policy that bars prosecuting a sitting president.
In January 2025, Smith released a final report asserting there was āsufficient evidenceā of criminal conduct in efforts to overturn the 2020 election.
š§ Analysts' Reactions:
Legal experts have called this investigation āunprecedentedā, especially since Smith is no longer in office. Critics argue that this move is politically motivated, especially with OSC now being led by Paul Ingrassia, a known Trump ally.
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