Ex-special counsel Jack Smith under investigation for possible Hatch Act breach

The U.S. Office of Special Counsel (OSC) is currently looking into former special counsel Jack Smith, as confirmed by the OSC.

Smith was appointed in 2022 by then-Attorney General Merrick Garland to oversee two investigations related to former President Donald Trump.

The OSC is examining Smith for allegedly violating the Hatch Act, which prohibits government employees from engaging in political activities. This is not a criminal inquiry.

When contacted for a response, the White House did not provide a statement.

Special counsel Jack Smith speaks to members of the media at the Department of Justice building in Washington, D.C., on Aug. 1, 2023. (Saul Loeb/AFP via Getty Images)

The OSC differs from a special counsel appointed by an attorney general, like Smith was, and is described as an independent federal investigative and prosecutorial agency on its website.

Republican Senator Tom Cotton of Arkansas has urged the OSC to investigate whether Smith unlawfully engaged in political activities to influence the 2024 election against Trump.

Cotton wrote in a letter to Acting Special Counsel Jamieson Greer that he believes Smith may have acted illegally to harm Trump’s candidacy.

Sen. Tom Cotton, R-Ark., attends a Senate Armed Services Committee confirmation hearing, June 26, in Washington, D.C. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Cotton also requested the OSC to investigate whether Smith or any members of his team acted unlawfully for political reasons.

Contributions to this report were made by David Spunt from Fox News.