CNN’s Elie Honig Says Office Of Special Counsel’s Investigation Is Not A ‘Welcome Development’ For Jack Smith

CNN senior legal analyst Elie Honig said on Monday that the investigation into whether former Special Counsel Jack Smith engaged in illegal activity could likely not end well for him.

The Office of the Special Counsel (OSC) opened an investigation on Saturday into whether Smith violated the Hatch Act, which restricts federal employees from engaging in some forms of political activities, while spearheading two criminal investigations against President Donald Trump during his 2024 candidacy. Honig said on “CNN News Central” that while the OSC is not criminally investigating Smith, there is the possibility that they may send a criminal referral against Smith to the Department of Justice (DOJ).

“The most important thing to know here is this is not, at this point, a criminal investigation of Jack Smith,” Honig said. “It’s not a welcome development for him, to be sure, but it’s not a criminal investigation … There’s a completely separate agency outside of DOJ called the Office of the Special Counsel and what they do is they investigate ethical issues. You mentioned the Hatch Act. The Hatch Act is the law that basically says that federal employees cannot engage in political activity relating to their jobs. So at this point, this is simply an ethics investigation a conflict of interest investigation against Jack Smith. On the other hand, we don’t know where it could go. And the Office of Special Counsel could always draft a referral and a recommendation over to DOJ. That’s the down the line, but for now, it’s focused on ethics, not potential crimes.”

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Smith charged Trump in June 2023 over his alleged mishandling of classified documents, including 31 counts of his alleged violation of the Espionage Act. He also handed down a separate