Investigation into Jack Smith’s Actions
CNN’s senior legal analyst Ellie Honig commented on Monday that the ongoing scrutiny regarding former special advisor Jack Smith could lead to unfavorable outcomes for him.
The Office of Special Counsel (OSC) kicked off an investigation on Saturday to determine if Smith breached the Hatch Act, which limits certain political activities for federal employees. This investigation stems from two criminal probes involving President Donald Trump related to his 2024 campaign. Honig clarified during “CNN News Central” that while the OSC is not pursuing criminal investigations of Smith directly, it has the authority to issue criminal referrals to the Department of Justice (DOJ).
“It’s essential to note that this isn’t currently a criminal investigation into Jack Smith,” Honig stated. “Sure, it’s not the best news for him, but it’s not framed as a criminal probe. There are other independent agencies, like the OSC, looking into ethical matters. You mentioned the Hatch Act and potential conflicts of interest regarding Smith. I guess I’m not entirely sure about the next steps. Moreover, the OSC can always draft recommendations for the DOJ, but right now, its focus is on ethics rather than criminality.”
In June 2023, Smith indicted Trump for mishandling classified documents, including 31 counts related to espionage violations. Then, in August 2023, he brought forth another indictment against Trump concerning efforts to overturn the results of the 2020 election.
The OSC’s inquiry into Smith follows a request from Republican Senator Tom Cotton of Arkansas, who urged the agency to look into Smith’s conduct during the 2024 election cycle. Cotton suggested that Smith attempted to sidestep standard procedures by asking the U.S. Supreme Court to expedite a ruling on an immunity issue.
“Special Advisor Smith was appointed just two weeks ahead of the Iowa Caucus, aiming for a hurried trial for President Trump,” Cotton stated on social media. “That request to the Supreme Court was made without justification for such urgency. The implication seems to be to secure a quick decision that could negatively impact Trump before the election.”
In July 2024, Judge Eileen Cannon dismissed the classified document case, claiming Smith’s appointment did not comply with the constitutional appointment clause. Following Trump’s victory in the 2024 election, Smith has adhered to the DOJ’s longstanding practices against criminal charges.
