Headline: Former Prosecutor Jack Smith Faces Probe for Alleged Hatch Act Violations in Trump Cases
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Headline: Former Prosecutor Jack Smith Faces Probe for Alleged Hatch Act Violations in Trump Cases
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Senator Tom Cotton, a Republican from Arkansas, initiated the complaint that led to the OSC probe. Cotton alleges that Smith accelerated the prosecutions of Trump through unusual legal maneuvers, such as pushing trial dates and filing briefs unusually close to the election, all allegedly to secure a verdict before Election Day. Cotton claims these actions were improperly partisan and violated the Hatch Act, a civil statute that bars federal employees from engaging in political activity while performing their official duties[1][2].
Smith served as a special counsel appointed in late 2022 by then-Attorney General Merrick Garland. He oversaw two criminal investigations into Trump: one concerning attempts to overturn the 2020 presidential election and another related to Trump's handling of classified documents found at Mar-a-Lago after his presidency. Smith secured indictments in both cases but later moved to dismiss them after Trump was reelected in 2024, citing constitutional protections against prosecuting a sitting president. Smith resigned in January 2025, just before Trump’s inauguration, and many of his prosecutorial staff were subsequently dismissed by the new administration[1][3][4].
Legal experts and former prosecutors have expressed skepticism that Smith’s actions constitute a Hatch Act violation or any criminal wrongdoing. The Hatch Act typically does not apply directly to criminal investigations, and the OSC’s probe is seen by some as largely symbolic or performatory, especially since Smith has already left government service. One former federal prosecutor pointed out that any criminal charges against Smith would be counterproductive and unlikely, as Trump has historically avoided public trials and prosecutions tend to be closely scrutinized in courts[1][3].
Trump himself has repeatedly accused Smith of corruption and claimed, without evidence, that Smith coordinated with the Biden administration to weaponize the Department of Justice against him for political reasons. The OSC investigation could clarify whether any laws were actually broken in Smith’s conduct, but so far, it appears focused on possible civil statute violations rather than criminal charges[1][2][3].
In summary, Jack Smith faces an OSC investigation over allegations of using his prosecutorial role for political ends in the Trump cases, with significant debate over the legal merits and motivations behind this inquiry.
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