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Special Counsel Investigates Jack Smith for Alleged Hatch Act Violations

Special Counsel Investigates Jack Smith for Alleged Hatch Act Violations
Editorial
  • PublishedAugust 2, 2025

The Office of the Special Counsel (OSC) has initiated an investigation into former special counsel Jack Smith for possible violations of the Hatch Act. Smith previously led criminal investigations regarding Donald Trump’s handling of classified documents and alleged attempts to undermine the 2020 presidential election.

The OSC’s inquiry into Smith arises at a time when Trump and his allies have intensified their critiques against political adversaries and individuals involved in investigations against him. The Hatch Act is designed to limit certain political activities of government employees to prevent partisan influence on federal operations and elections.

According to the OSC, the Hatch Act applies not only to federal employees but also to state and local officials whose work is funded by federal programs. The OSC functions independently and is separate from special counsels like Smith, who are appointed to manage politically sensitive investigations within the Department of Justice.

Context of the Investigation

The OSC is currently led by an acting head appointed by Trump, following the dismissal of the previous director, who was appointed by President Joe Biden for a five-year term. The agency addresses allegations of whistleblower retaliation and oversees Hatch Act inquiries.

Smith’s investigation follows comments from Trump ally Senator Tom Cotton, who asserted that Smith misused his position at the Department of Justice to influence the 2020 election in favor of Biden and Vice President Kamala Harris. Cotton referenced Smith’s filing of a brief within 60 days of the election, which he claims may breach a separate Justice Department rule regarding election interference.

In 2021, the OSC found that 13 officials from Trump’s administration violated the Hatch Act. While the act serves as a guideline for workplace conduct, violations are not criminal offenses. Consequences for breaching the Hatch Act can range from minor reprimands to termination of employment.

CNN has reached out to Smith’s representatives for comment and is awaiting a response from the White House regarding the ongoing investigation. As of now, this story is still developing, and further updates are expected.

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