The Office of Special Counsel (OSC) announced on 2/8 that it is investigating Jack Smith for potential violations of the Hatch Act, which prohibits federal employees from engaging in political activity while on duty.
The OSC oversees federal employees and operates independently of special counsel offices within the Department of Justice, like the one Smith formerly headed.
While Smith's previous role wouldn't typically fall under OSC jurisdiction, and the agency lacks the authority to prosecute him, it can refer its findings to the Department of Justice for potential legal action.
The most severe penalty under the Hatch Act is dismissal, which is no longer applicable to Smith since he has resigned.
In 2022, Attorney General Merrick Garland, under the Biden administration, appointed Smith as special counsel to oversee two ongoing criminal investigations involving Donald Trump. Smith subsequently indicted Trump on charges of conspiring to overturn the 2020 presidential election and unlawfully retaining classified documents after leaving the White House.
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Jack Smith speaks at a press conference at the US Department of Justice headquarters in 2023. Photo: AFP |
Jack Smith speaks at a press conference at the US Department of Justice headquarters in 2023. Photo: AFP
Trump denied both charges, claiming they were politically motivated and that the Justice Department was being weaponized against him.
Neither case went to trial. Smith dropped the charges after Trump won the presidency in November 2024, due to the Justice Department's policy against indicting a sitting president.
Smith resigned before President Trump could fire him, as he had pledged to do during his campaign. Republican Senator Jack Cotton repeatedly urged the OSC to investigate whether Smith's actions were intended to influence the 2024 presidential election.
Since taking office in January, President Trump has taken actions against perceived enemies. He has revoked security clearances and protective details for former officials, targeted law firms involved in lawsuits against him, and cut federal funding to certain universities.
Last month, the Federal Bureau of Investigation (FBI) launched a criminal investigation into former FBI Director James Comey and former Central Intelligence Agency (CIA) Director John Brennan, both of whom have criticized Trump.
Days later, Comey's daughter, federal prosecutor Maurene Comey, was abruptly fired. She had been handling the case of convicted sex offender Jeffrey Epstein, who reportedly had ties to Trump.
Pham Giang (According to AFP, Reuters)
