The Office of Special Counsel confirmed Saturday that it was investigating Smith on allegations he engaged in political activity through his inquiries into Trump. Smith was named special counsel by then-Attorney General Merrick Garland in November 2022 and his special counsel title is entirely distinct from the agency now investigating him. The office has no criminal enforcement power but does have the authority to impose fines and other sanctions for violations.
It was not clear what basis exists to contend that Smith’s investigations were political in nature or that he violated the Hatch Act, a federal law that bans certain public officials from engaging in political activity. Sen. Tom Cotton, an Arkansas Republican, had earlier this week encouraged the office to scrutinize Smith’s activities and had alleged that his conduct was designed to help then-President Joe Biden and his vice president Kamala Harris, both Democrats.
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