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The Office of Special Counsel, an independent federal agency, confirmed Saturday that it has opened an investigation into Jack Smith, the former special counsel who prosecuted federal cases against then-candidate Donald Trump.
The investigation centers on allegations that Smith violated the Hatch Act, a federal law prohibiting certain government officials from engaging in political activities while in office.
Smith was appointed special counsel in November 2022 by then-Attorney General Merrick Garland to investigate Trump’s handling of classified documents and efforts to overturn the 2020 election results. The New York Post first reported the investigation into Smith’s conduct.
Smith oversaw two major federal cases against Trump: one involving classified documents found at Mar-a-Lago, and another related to Trump’s alleged attempts to overturn the 2020 election results. Both cases were ultimately dropped after Trump’s November 2024 election victory, following longstanding Justice Department policy that sitting presidents cannot be prosecuted.
The Hatch Act, enacted in 1939, restricts federal employees from using their official positions to influence elections. Violations can result in removal from office, suspension, or other disciplinary measures. The Office of Special Counsel, separate from the Justice Department’s special counsel positions, investigates such violations.
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