Government watchdog investigates Jack Smith, former special lawyer suspected of violating the incubation law

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The Office of Special Counsel (OSC) is investigating former special counsel Jack Smith, who has confirmed with Fox News.
Smith was attacked by then-Natney General Merrick Garland in 2022 as special adviser to two investigations on then-President Donald Trump.
The OSC is investigating Smith’s alleged violation of the Incubation Act, which prohibits government employees from participating in political activities. This is not a criminal investigation.
Fox News Digital contacted the White House on Saturday but received no response.
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Special counsel Jack Smith spoke to media members at the Washington, D.C. Department of Justice Building on August 1, 2023. (Saul Loeb/AFP via Getty Images)
According to its website, the OSC is different from the special counsel appointed by the attorney general, but is “an independent federal investigation and prosecutorial agency.”
The website explains: “The statutory authorities of the OSC come from four federal laws: the Civil Servant Reform Act, the Whistleblower Protection Act, the Incubation Act and the Uniform Services Employment and Employment Rights Act (USERRA).
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President Donald Trump is director of Andrews United Base in Maryland on Friday (Anna Moneymaker/Getty Images)
Arkansas Republican Senator Tom Cotton recently asked the OSC to investigate whether Smith was illegally engaged in political activities to influence the 2024 election against Trump.
“I wrote to the Special Lawyer Office to investigate whether Attorney General Jack Smith, special counsel, took political action to influence the 2024 election to harm then-President Donald Trump,” Cotton wrote in a July 30 letter to Acting Special Counsel Jamieson Greer.
Top Republican senator demands investigation into whether Jack Smith is “illegal” trying to impact the 2024 election

Senator Tom Cotton, R-ARK. Participated in the June 26 Senate Armed Services Committee confirmation hearing in Washington, DC (Tom Williams/CQ-Roll Call, Inc, via Getty Images)
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“President Trump certainly defeated Joe Biden, Jack Smith, every Democrat who armed his law, but President Trump’s surprising victory did not justify Smith’s responsibility for his illegal election interference. So, I ask the Office of Special Advisers to investigate Jack Smith’s office to investigate whether Jack Smith or any of his teams acted illegally for political purposes,” Cotton wrote.
David Spunt of Fox News contributed to the report.