Investigation: Big Trouble for Jack Smith

There’s been a major new revelation that the United States Office of Special Counsel (OSC) is going to be looking into Special Counsel Jack Smith’s probe and prosecution of President Donald Trump. The investigation into Smith involves alleged violations of the Hatch Act – the U.S. law that prevents government officials from engaging in certain partisan political activity while they’re actively serving in office. This could spell big trouble for Mr. Smith the next time he goes to Washington.

As reported by the New York Times:

The Office of Special Counsel confirmed on Saturday that it had opened an investigation into Mr. Smith for a possible violation of the Hatch Act, a law that prohibits federal workers from using their government jobs to engage in political activity.

Senator Tom Cotton, Republican of Arkansas, had asked the agency to investigate on the premise that some of Mr. Smith’s actions, such as seeking quick trial dates in the two criminal cases against Mr. Trump, were designed to influence the 2024 election.

Remember, Smith was appointed by Biden AG Merrick Garland just days before President Trump announced that he would be running for reelection. It certainly feels, as it felt back then, like this was an attempt to stymie a political campaign and really influence the outcome of an election by trying to stop the biggest political opponent before he really got started.

I may not speak for the entire country, but I’m fairly confident in saying that most of our listeners will welcome this news, as they’ve been waiting for those who carried out these actions, which we believe were meant to interfere with our election process.

It’s important to note that the OSC is not the same as a special counsel under the DOJ, which is appointed by the Attorney General, like Smith himself. As stated on its official government website:

OSC’s primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices (PPPs), especially reprisal for whistleblowing. . . .

OSC also operates as a secure channel for federal employees to blow the whistle by disclosing wrongdoing. Federal law establishes a unique process for disclosures made to OSC, intended to protect the confidentiality of the whistleblower and ensure that the alleged wrongdoing is investigated and, where necessary, corrected. . . .

In addition, OSC enforces the Hatch Act, which puts certain restrictions on partisan political activity by government employees.

The OSC tries to protect whistleblowers and enforce the Hatch Act when there’s suspicion of partisan political activity or other violations of federal employees’ rights. They don’t have prosecutorial power, but can make a referral to the DOJ, which can pursue such legal action.

It seems apparent that Smith’s investigation wasn’t about seeking justice. It was political gamesmanship. Perhaps the Biden Administration Deep State thought muddying the waters around Trump would be enough to keep him from a second run against Biden. That plan rightly failed.

Now Smith is no longer a government lawyer, and the OSC has referred its findings over to the DOJ. If it determines that these are criminal violations, the DOJ can and likely will prosecute, and that’s what’s important. Bad actors must be held accountable, not just for Trump, not for conservatives, but for all American voters, regardless of party. 

Today’s Sekulow broadcast included a full analysis of the OSC’s referral of Jack Smith to the DOJ, an urgent update on the growing violence against Christians in the Democratic Republic of Congo, and much more.

Watch the full broadcast below: