News has emerged that US officials have initiated an investigation into Jack Smith, the former special counsel known for his role in two federal criminal cases against current President Donald Trump. This information comes from various US media reports that surfaced Saturday.
Potential Violations of the Hatch Act
The Office of Special Counsel has reported to The New York Times that it is currently investigating Smith for possible violations of the Hatch Act. This act forbids federal employees from participating in political activities while on duty.
Allegedly, Republican Senator Tom Cotton requested the agency to investigate whether Smith’s actions were intentionally designed to sway the 2024 election. However, the agency, responsible for monitoring federal employee conduct, has yet to respond to AFP’s request for comment.
Charges Against Trump
Smith assumed the role of special counsel in 2022 and charged Trump with planning to reverse the outcomes of the 2020 election and mishandling classified documents post his White House tenure. Trump vehemently denied both charges, framing them as politically motivated. He even accused the Justice Department of being weaponized against him.
Interestingly, neither of the cases ever reached trial, and Smith, adhering to a Justice Department policy of not prosecuting a sitting president, dropped both charges after Trump’s victory in the November 2024 presidential election. Smith then resigned before Trump could execute his campaign promise to fire him.
Office of Special Counsel’s Role
The Office of Special Counsel functions independently from special counsel offices at the Department of Justice, such as the one Smith previously headed.
The prosecutorial decisions made by Smith do not typically fall under its purview, according to the Times. While it cannot lay criminal charges against Smith, it holds the capability to refer its findings to the Department of Justice, which does possess that power.
The harshest penalty under the Hatch Act is termination of employment. However, it would not apply to Smith since he has already resigned.
Trump’s Actions Post Taking Office
Since assuming office in January, Trump has undertaken numerous punitive actions against those he perceives as adversaries. His actions include revoking former officials’ security clearances and protective details, targeting law firms involved in past cases against him, and withdrawing federal funding from universities.
Last month, the FBI initiated criminal investigations into its former director James Comey and ex-CIA chief John Brennan, both being prominent Trump critics. In a surprising move, Comey’s daughter Maurene, a federal prosecutor who handled the case of infamous sex offender Jeffrey Epstein, who has been repeatedly associated with Trump, was abruptly dismissed.
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