Former special counsel Jack Smith speaks during a news conference in Washington, D.C., on Tuesday, Aug. 1, 2023. (Al Drago/Bloomberg via Getty Images)
The Office of Special Counsel is an independent agency unrelated to the DOJ or the special counsels, such as Smith, who have worked there.
The OSC, which functions as a watchdog, handles complaints from government whistleblowers and investigates Hatch Act violations by federal employees. It can impose administrative punishments for wrongdoing, including fines or termination from government work. Fox News confirmed this month that the OSC was investigating Smith under the Hatch Act, which bars certain government employees from engaging in political campaign work while on the job.
The OSC's investigation came after Sen. Tom Cotton, R-Ark., demanded in a letter to the OSC that it look into instances of Smith seeking to expedite Trump’s prosecutions.
"Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results—actions that would violate federal law," Cotton wrote.
TOP GOP SENATOR DEMANDS PROBE INTO WHETHER JACK SMITH 'UNLAWFULLY' TRIED TO INFLUENCE 2024 ELECTION
Sen. Tom Cotton arrives for the Senate Select Intelligence Committee hearing on "Worldwide Threats" in the Hart Senate Office Building on Tuesday, March 25, 2025. (Bill Clark/CQ-Roll Call, Inc )
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The letter was addressed to U.S. Trade Representative Jamieson Greer, who is serving as the acting head of the Office of Special Counsel while Trump’s nominee for the role faces roadblocks to Senate confirmation.
The attorneys asked Greer to reach out to them directly before taking any further steps to investigate Smith so that his findings, if any, could be "fully informed by the record."
Fox News’ David Spunt contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/jack-smiths-lawyers-blast-hatch-act-probe-as-imaginary-and-unfounded