A U.S. federal agency has launched a formal investigation into former Special Counsel Jack Smith, who led two high-profile criminal probes into President Donald Trump. The Office of Special Counsel (OSC) confirmed to Reuters it is examining whether Smith violated the Hatch Act, which bars federal employees from engaging in political activities using their official positions. The investigation follows a request from Republican Senator Tom Cotton, who accused Smith of politically motivated actions.
The OSC, an independent agency tasked with overseeing federal employee conduct, cannot file criminal charges. This is separate from the Department of Justice’s Special Counsel role Smith previously held. The probe, first reported by the New York Post, adds to ongoing efforts by Trump and his allies to challenge officials involved in cases against him.
Smith, a former war crimes prosecutor, pursued two criminal cases against Trump: one over alleged mishandling of classified documents and another tied to efforts to overturn the 2020 election, which culminated in the January 6 Capitol riot. Both cases stalled amid legal challenges, including a Supreme Court ruling granting broad immunity to former presidents.
After Trump’s election victory, Smith dropped the cases in line with DOJ policy prohibiting prosecution of a sitting president but maintained in a January report that the evidence was sufficient for conviction. Trump has denied any wrongdoing, labeling the investigations politically motivated.
This investigation marks another flashpoint in the ongoing legal and political battles surrounding Trump as he prepares for his return to the White House.