The Office of the Special Counsel has launched an investigation into potential Hatch Act violations by former special counsel Jack Smith, who led criminal probes into President Donald Trump’s handling of classified documents and alleged efforts to subvert the 2020 election.
The investigation into Smith’s alleged violation of the Hatch Act comes as Trump and his allies have sought retribution against his political enemies and those who brought investigations against him.
The Hatch Act limits certain political activities of government workers. It is supposed to stop the federal government from affecting elections or going about its activities in a partisan manner. According to the OSC’s explanation of the rule, it applies to federal employees as well as state and local employees who work with federally funded programs.
While the Office of the Special Counsel — which is distinct from the special counsels, like Smith, who are appointed to oversee politically sensitive Justice Department investigations — is an independent agency created by Congress, it is currently helmed by a Trump appointee in an acting capacity after the president fired the previous head of the office, who was appointed by Biden for a five year term.
The office handles allegations of whistleblower retaliation and Hatch Act investigations, according to its website.
CNN has reached out to a representative for Smith for comment.
In 2021, 13 administration officials from Trump’s first term were found to have violated the Hatch Act.
The rule is a workplace guideline, and violating it is not a crime. Responses can vary significantly after employees violate the rule, from a slap on the wrist to loss of a job.
The investigation comes after Trump-ally Sen. Tom Cotton claimed earlier this week that “Smith used his DOJ role to influence the election” in favor of former President Joe Biden and Vice President Kamala Harris’ campaigns, pointing to Smith filing a brief within 60 days of Election Day — which could violate a separate Justice Department rule that goes beyond the Hatch Act.
CNN has reached out to the White House for comment.
This is a developing story and will be updated.
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