Politics

Special Counsel Investigated for Alleged Hatch Act Violations

Special Counsel Investigated 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. This inquiry arises from Smith’s leadership in criminal investigations concerning former President Donald Trump’s handling of classified documents and alleged attempts to undermine the 2020 election results.

The Hatch Act is designed to restrict the political activities of government officials in order to maintain a nonpartisan federal government. It applies to federal employees, as well as state and local employees involved in federally funded programs. The OSC, which is an independent agency created by Congress, is tasked with handling allegations related to whistleblower retaliation and Hatch Act violations. Currently, the OSC is led by an acting head appointed by Trump after the dismissal of the previous director, who had been appointed by President Joe Biden.

The investigation into Smith’s actions is coming at a time when Trump and his associates have intensified their critiques of political adversaries, particularly those involved in legal actions against him. Allegations were recently made by Senator Tom Cotton, a Trump ally, who claimed that Smith used his role at the Department of Justice to sway the election in favor of Biden and Vice President Kamala Harris. Cotton pointed to Smith’s filing of a legal brief within 60 days of the election as a potential violation of a separate Justice Department regulation that governs political activities.

While the Hatch Act violation is not considered a criminal offense, consequences for breaking the rule can vary widely. Past cases have seen outcomes ranging from minor reprimands to termination. In March 2021, thirteen officials from Trump’s administration were found to have breached the Hatch Act, highlighting the ongoing scrutiny of political conduct within government roles.

As the investigation unfolds, the OSC continues to receive attention for its role in ensuring compliance with federal regulations. The office has been approached for further comments regarding the situation, and CNN has also reached out to Smith’s representatives for a response.

The outcome of this investigation could have significant implications not only for Smith but also for the broader discourse surrounding political accountability in the United States. This story is still developing, and updates will be provided as more information becomes available.

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