BRIDGEWATER, N.J. – An independent oversight agency tasked with ensuring federal employees comply with laws against engaging in political activities has launched an investigation into Jack Smith. Smith is the Justice Department’s special counsel responsible for initiating two criminal cases against Donald Trump before his election to the presidency last year.
The Office of Special Counsel announced on Saturday it was investigating claims that Smith participated in political activities through his probes into Trump. Smith was appointed as special counsel by then-Attorney General Merrick Garland in November 2022. It’s important to note that the special counsel designation is separate from the agency currently looking into Smith. While the office does not wield criminal enforcement powers, it can issue fines and take other actions for violations.
The specifics of the claims suggesting Smith’s investigations were politically motivated or violated the Hatch Act—which restricts certain government employees from political involvement—remain unclear. Earlier this week, Arkansas Senator Tom Cotton, a Republican, urged the Office of Special Counsel to investigate Smith’s actions, suggesting his behavior was intended to assist President Joe Biden and Vice President Kamala Harris, both Democrats.
Smith filed charges against Trump in two cases: one accusing him of attempting to overturn the 2020 election results and the other regarding the retention of classified documents at his Mar-a-Lago property in Florida. These were initiated in 2023, over a year before the 2024 presidential election, with indictments citing what Smith and his team claimed were clear breaches of federal law. Garland consistently emphasized that politics had no influence over the cases’ management.
Smith dropped both cases after Trump won in November, referencing a longstanding Justice Department policy against indicting a sitting president.
Currently, there is no indication that this same agency investigating Smith is also examining the actions of the Justice Department special counsels appointed by Garland to probe President Biden and his son, Hunter Biden.
The White House had no immediate comment on the investigation into Smith, which was first reported by The New York Post.
The office has been riven by leadership tumult over the last year. An earlier chief, Hampton Dellinger, was abruptly fired by the Trump administration and initially sued to get his job back before abandoning the court fight. Trump’s trade representative, Jamieson Greer, is also serving as acting special counsel.
Trump selected as his replacement Paul Ingrassia, a former right-wing podcast host who has praised criminally charged influencer Andrew Tate as a “extraordinary human being” and promoted the false claim that the 2020 election was rigged. A Senate panel was set to consider his nomination at a hearing last month, but it was pulled from the agenda.
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Tucker reported from Washington.
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