美国特别法律顾问办公室周六证实,已经开始对前特别顾问杰克·史密斯以及他对唐纳德·特朗普总统的刑事调查是否违反了《哈奇法》。
本周早些时候,阿肯色州共和党参议员汤姆·科顿(Tom Cotton)提交了一份调查报告,要求美国证监会调查史密斯在2024年大选前的调查和起诉活动,科顿认为这些活动旨在损害特朗普的政治前景。
史密斯和前司法部长梅里克·加兰在离任前反复强调,无论是在国会还是在地方政府,都没有采取任何行动机密文件调查或探究特朗普的努力颠覆他2020年选举失利被政治所驱使。
特朗普不认罪,否认两起案件中的所有不当行为。
史密斯律师的发言人周六没有立即回应就OSC调查置评的请求。由于司法部长期禁止起诉在任总统的政策,史密斯针对特朗普的案件在2024年大选后被驳回。
OSC是一个独立的机构,无权调查刑事案件——它独立于Smith之前在司法部任职的特别法律顾问职位。
OSC主要作为一个机构运作,协助政府举报者报告浪费或不法行为的指控,并执行《哈奇法》,该法限制政府雇员参与党派政治活动。
鉴于史密斯不再是政府雇员,尚不清楚如果OSC的调查确定他违反了Hatch法案,它将对史密斯采取什么行动。
尽管该部门可能会将调查结果提交给DOJ,但它已经公开表示,正在调查史密斯和其他检察官,他们通过所谓的“武器化工作组”该小组由前DC临时联邦检察官埃德·马丁领导。
在宣布调查的同时,美国政府发现自己在处理以下相关文件的过程中受到了越来越多的审查已故性侵犯者杰弗里·爱泼斯坦——政府各部门的高级官员似乎急于改变话题。
Office of Special Counsel says it's opened Hatch Act probe of Jack Smith
The U.S. Office of Special Counsel confirmed Saturday that it has opened an investigation into formerSpecial Counsel Jack Smithand whether he violated the Hatch Act through his criminal investigations into President Donald Trump.
The investigation follows a referral from Republican Sen. Tom Cotton of Arkansas earlier this week that asked the OSC to investigate Smith for his investigative and prosecutorial activities prior to the 2024 election which Cotton argued were intended to harm Trump's political prospects.
Both Smith and former Attorney General Merrick Garland repeatedly maintained prior to departing office that none of the actions taken in either theclassified documentsinvestigation or the probe of Trump's efforts tosubvert his 2020 election losswere driven by politics.
Trump pleaded not guilty and denied all wrongdoing in both cases.
A spokesperson for Smith's attorneys did not immediately respond to a request for comment Saturday on the OSC probe. Smith's cases against Trump were dismissed following the 2024 election due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president.
The OSC is an independent agency that is not empowered to investigate criminal matters - it is separate from the Special Counsel post that Smith formerly served in under the Justice Department.
OSC primarily operates as an agency to assist government whistleblowers in reporting allegations of waste or wrongdoing, and also enforces the Hatch Act which places restrictions of government employees from engaging in partisan political activities.
It's unclear what course of action the OSC would even have to take against Smith if its investigation did determine he violated the Hatch Act, given Smith is no longer a government employee.
While it could refer its findings to DOJ, the department has already publicly said that it is investigating Smith and other prosecutors who pursued Trump through its so-called"Weaponization Working Group"that is being led by former interim DC U.S. attorney Ed Martin.
The announcement of the investigation also comes as the administration has found itself under increased scrutiny over its handling of the release of filings relating todeceased sex offender Jeffrey Epstein— with top officials from across the administration appearing eager to change the subject.