The U.S. Office of Special Counsel has launched an investigation into former Special Counsel Jack Smith for potential violations of the Hatch Act during his criminal inquiries into President Donald Trump, POLITICO confirmed on Saturday.
The announcement comes days after Senate Intelligence Chair Sen. Tom Cotton (R-Ark.) requested that OSC investigate Smith for “unprecedented interference in the 2024 election,” claiming that Smith’s “legal actions were nothing more than a tool for the Biden and Harris campaigns.”
The Hatch Act restricts federal government employees from using their positions to engage in political activities.
Trump and his allies have argued that Smith — who was chosen by former Attorney General Merrick Garland to lead the federal criminal investigations into Trump for his attempts to overturn the 2020 presidential election and his handling of classified documents — was conducting a “witch hunt.”
Two weeks before the election, Trump said that Smith should be “thrown out of the country.”
“Jack Smith should be considered mentally deranged and he should be thrown out of the country,” Trump said on a radio show in October.
The Justice Department has focused much of its resources and time — as it deals with the fallout and criticism from its handling of the Jeffrey Epstein saga — on the alleged wrongdoings of former Biden DOJ officials, including Smith.
Earlier this year, it launched the “Weaponization Working Group,” which is tasked with, among other things, reviewing efforts by Smith’s team during the Biden administration.
The investigation was first reported on Friday by the New York Post.
Neither the White House nor a representative for Smith immediately responded to requests for comment.
Since Smith is a former government employee, it’s not entirely clear what action the independent agency could take if it finds he violated the Hatch Act. When asked about potential actions against Smith, an OSC spokesperson declined to comment.
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