Watchdog agency launches probe into former Trump prosecutor Jack Smith

By Kaanita Iyer, CNN

(CNN) — The Office of Special Counsel has launched an investigation into former special counsel Jack Smith, who led criminal probes into President Donald Trump’s handling of classified documents and alleged efforts to subvert the 2020 election.

The investigation into potential Hatch Act violations comes as Trump and his allies have sought retribution against his political enemies and those who brought investigations against him.

The Hatch Act limits certain political activities of government workers. It is supposed to stop the federal government from affecting elections or going about its activities in a partisan manner. According to the OSC’s explanation of the rule, it applies to federal employees as well as state and local employees who work with federally funded programs.

While the Office of Special Counsel — which is distinct from the special counsels, like Smith, who are appointed to oversee politically sensitive Justice Department investigations — is an independent agency created by Congress. It is currently helmed by a Trump appointee in an acting capacity after the president fired the previous head of the office, who was appointed by President Joe Biden for a five year term.

The office handles allegations of whistleblower retaliation and Hatch Act investigations, according to its website.

CNN has reached out to a representative for Smith for comment.

The New York Post first reported the news.

In 2021, 13 administration officials from Trump’s first term were found to have violated the Hatch Act.

The rule is a workplace guideline, and violating it is not a crime. Responses can vary significantly after employees violate the rule, from a slap on the wrist to loss of a job.

Smith no longer works for the federal government after he resigned from the Justice Department earlier this year — months after he formally dropped the classified documents and election subversion cases following Trump’s victory in the 2024 election.

Smith’s two-year investigation into Trump was historic, marking the first time a former occupant of the White House faced federal criminal charges.

Trump and his allies rallied against Smith, attacking his probes as a weaponization of the federal government. Trump had vowed to fire Smith once he retook the office, shattering previous norms around special counsel investigations.

The Office of Special Counsel investigation comes after Trump ally Sen. Tom Cotton claimed earlier this week that “Smith used his DOJ role to influence the election” in favor of Biden’s and Vice President Kamala Harris’ campaigns, pointing to Smith filing a brief within 60 days of Election Day — which could violate a separate Justice Department rule that goes beyond the Hatch Act.

CNN has reached out to the White House for comment.

This story has been updated with additional developments and context.

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