Explained Jack Smith Investigation – Hatch Act & its Violation Allegations

Описание: Jack Smith — the former special counsel who brought criminal charges against Donald Trump — is now under investigation himself. And it’s coming from an unexpected direction: a federal watchdog agency, not a courtroom.

The U.S. Office of Special Counsel, an independent agency not tied to the Department of Justice, has opened an inquiry into whether Smith may have violated the Hatch Act — a decades-old law designed to keep federal employees from engaging in political activity.

So how did we get here?

Smith was appointed in 2022 by Attorney General Merrick Garland — just three days after Trump announced his run for president. His job? Investigate Trump’s alleged attempts to overturn the 2020 election and his handling of classified documents.

Over the course of two years, Smith made history by filing two federal indictments against the former president — marking the first time a former U.S. president faced criminal charges from the DOJ.

But now, that same DOJ prosecutor is being accused of election interference.

Republican Senator Tom Cotton claims Smith’s actions — including pushing for a rushed trial just before the Iowa caucuses — amounted to illegal political activity meant to benefit the Biden-Harris campaign.

Cotton’s argument hinges on the Hatch Act, a 1939 law that restricts political activity by government employees. While the law isn’t criminal, it can result in disciplinary action, including job loss or referral to other agencies for further action.

Here’s the twist — the Office of Special Counsel now investigating Smith is not the same as the DOJ special counsel position he held. It’s a completely different agency, created by Congress to oversee ethics violations and whistleblower complaints. And it’s currently led by a Trump-appointed acting chief — after Trump removed the previous Biden-appointed head earlier this year.

So what exactly is Smith being accused of?

That’s still unclear.

Legal experts say the case may focus on Smith’s timing. Critics argue that by filing a legal brief within 60 days of the 2024 election, Smith may have crossed a line outlined in DOJ internal guidelines — even if unintentionally. That rule advises federal prosecutors to avoid actions that could influence elections.

But others say this isn’t a cut-and-dry Hatch Act case. Richard Painter, who served as chief ethics lawyer in the Bush administration, told CNN there’s no precedent for prosecuting a special counsel over legal filings already in motion.

Painter argues Smith didn’t make any flashy public statements or political endorsements. He simply continued a case that had been pending since 2023 — a move he says is not a Hatch Act violation.

Still, the investigation has sparked concern.

Watchdog groups are warning that the independence of the Office of Special Counsel could be compromised, with reports claiming it’s being “captured” by political loyalists — the very people it’s supposed to oversee.

The probe also plays into a wider narrative from Trump and his allies, who have long claimed that the investigations into him were politically motivated — part of what they call the weaponization of government.

And now, with Smith out of his DOJ role — having resigned earlier this year — the investigation can’t result in a job firing. But if misconduct is found, it could damage the credibility of one of the most high-profile federal investigations in recent history.

Trump has made it clear: he views Smith not just as a prosecutor, but as a political enemy. And now, with the tables turning, it’s Jack Smith who faces scrutiny — from an agency whose own impartiality is being called into question.

So, is this a genuine ethics investigation — or political payback?

Only time will tell.

Let us know in the comments — do you think Smith crossed the line? Or is this just part of the political theater surrounding Trump’s legal battles?


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