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Investigation Launched into Jack Smith for Alleged Hatch Act Violations

Investigation Launched into 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 potential violations of the Hatch Act. This inquiry focuses on Smith’s conduct during his tenure leading criminal investigations into Donald Trump regarding the handling of classified documents and alleged attempts to undermine the 2020 presidential election.

The Hatch Act is designed to limit certain political activities of government employees, ensuring that federal operations do not interfere with elections or exhibit partisan bias. It applies to federal, state, and local employees involved in federally funded programs. The OSC, which operates independently from the Justice Department, is responsible for investigating allegations of whistleblower retaliation and Hatch Act violations.

The current investigation follows claims from Trump ally Senator Tom Cotton, who alleged that Smith utilized his role at the Department of Justice (DOJ) to sway the election outcome in favor of Joe Biden and Kamala Harris. Cotton pointed to Smith’s filing of a legal brief within 60 days of the election, suggesting this may contravene a separate DOJ rule related to election interference.

Background of the Investigation

The OSC is currently led by an acting head appointed by Trump, following the removal of the previous director, who had been appointed by President Biden for a five-year term. The agency’s independence is crucial, especially in politically sensitive cases such as this. According to the OSC’s own guidelines, violations of the Hatch Act are not criminal offenses but can result in a range of consequences, from minor reprimands to termination.

In 2021, the OSC found that 13 officials from Trump’s first administration had violated the Hatch Act. This history underscores the complexities surrounding the enforcement of the rule and its implications for government employees.

As the investigation unfolds, the OSC continues to evaluate Smith’s actions. CNN has sought comments from Smith’s representatives and the White House regarding the allegations. The outcome of this inquiry could have significant ramifications, not only for Smith but also for the broader political landscape as Trump and his allies pursue actions against perceived adversaries.

This story is developing, and updates will follow as more information becomes available.

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