Federal authorities have launched an investigation into Jack Smith, the former special counsel who prosecuted then-President Donald Trump, for alleged illegal political activity potentially violating the Hatch Act, an independent federal agency confirmed Saturday.
Jack Smith was appointed as special counsel in November 2022 by Attorney General Merrick Garland to lead criminal investigations related to Donald Trump. Smith managed two federal cases against Trump – concerning the 2020 election interference and mishandling classified documents. Neither case went to trial; both were dropped following Trump’s successful reelection in November 2024, in line with Justice Department policy that generally refrains from prosecuting a sitting president. Smith resigned shortly after the election, before Trump took office for his new term.
The current investigation was initiated after Republican Senator Tom Cotton requested the Office of Special Counsel to examine Smith’s conduct. Cotton alleges that Smith violated the Hatch Act by engaging in political activity intended to benefit then-President Joe Biden and Vice President Kamala Harris, both Democrats, during the 2024 election cycle. The Hatch Act prohibits certain federal employees from participating in partisan political activities while performing their official duties.
Senator Cotton’s request contends that Smith’s prosecutorial actions were designed to influence the outcome of the 2024 presidential election. The Office of Special Counsel, an independent federal investigative agency tasked with monitoring federal employees’ conduct, confirmed the investigation but declined further comment. The White House did not immediately respond to requests for comment on the probe.
Smith’s investigations into Trump had been a focal point of political controversy, with Trump and his allies frequently framing the prosecutions as politically motivated attempts to undermine his presidency. The allegations now under review reflect ongoing partisan disputes regarding the impartiality of legal actions taken by federal officials against political figures.
The investigation represents a significant development in the oversight of special counsels and their political conduct. While the prosecutorial decisions of special counsels like Smith traditionally fall outside the Office of Special Counsel’s purview, this case centers on the alleged violation of regulations restricting political activity by federal officials.
The New York Post was the first news organization to report on the investigation, which is currently ongoing.