A federal watchdog agency tasked with enforcing restrictions on political activity by government employees has launched an investigation into Jack Smith, the Justice Department special counsel who pursued two criminal cases against Donald Trump prior to his return to the White House last year.
The Office of Special Counsel, an independent watchdog agency, confirmed over the weekend that it is examining allegations that Smith may have violated restrictions on political conduct during his investigations into Trump.
Smith was appointed by President Biden's Attorney General Merrick Garland in November 2022. His position as special counsel is separate from the agency now conducting the investigation. While the watchdog agency cannot bring criminal charges, it does have the authority to impose fines and other penalties for violations.
No details have been publicized about any claims that Smith's actions were politically motivated or violated the Hatch Act, a federal law that bars certain government officials from engaging in political activity. Earlier in the week, Sen. Tom Cotton (R-AR) urged the agency to examine Smith's conduct, arguing that his actions were aimed at aiding then-President Biden and Vice President Harris, both Democrats.
Smith brought two cases against Trump in 2023: one related to efforts to challenge the 2020 election results, and another involving classified documents found at Trump's Mar-a-Lago residence in Florida. Both indictments claimed violations of federal law and were filed ahead of the 2024 election. Garland has maintained that political considerations had no influence over the cases.
Following Trump's victory in November, Smith dropped both cases, citing a long-standing Justice Department policy that bars prosecuting a sitting president.
The White House has not commented on the investigation into Smith, which was first reported by the New York Post.
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