The U.S. Office of Special Counsel has launched an investigation into former Special Counsel Jack Smith to determine whether he violated the Hatch Act, a law restricting political activity by federal employees, several U.S. media outlets reported Saturday.
The inquiry follows accusations from allies of President Donald Trump, who claim Smith’s prosecutions were politically motivated and aimed at disrupting Trump's 2024 presidential campaign.
Smith, who was appointed by then-Attorney General Merrick Garland in November 2022—just three days before Trump officially announced his reelection bid—led two federal investigations into Trump. One focused on classified documents found at Trump’s Florida residence, and the other on alleged efforts to overturn the 2020 election results.
Though both investigations resulted in criminal charges, Trump denied any wrongdoing, pleaded not guilty, and the cases were later dropped after he returned to office in the 2024 election.
Republican Senator Tom Cotton said earlier this week on X that Smith's actions "were nothing more than a tool for the Biden and (former Vice President Kamala) Harris campaigns," calling it "very likely illegal campaign activity from a public office." He also criticised Smith for pushing a rapid trial schedule, with jury selection set to begin just two weeks before the Iowa caucuses.
Smith resigned following Trump’s victory but defended his decisions in a final report released in January.
"The ultimate decision to bring charges against Mr. Trump was mine. It is a decision I stand behind fully," Smith wrote, stressing that neither Garland nor any other Department of Justice official influenced his decisions.
In the report, he said claims that he was politically motivated were “laughable,” and argued that the evidence against Trump was strong.
"The throughline of all of Mr. Trump’s criminal efforts was deceit—knowingly false claims of election fraud—and the evidence shows that Mr. Trump used these lies as a weapon to defeat a federal government function foundational to the United States’ democratic process," he wrote.
The Office of Special Counsel, an independent federal agency, cannot prosecute Smith but can recommend disciplinary action and refer its findings to the Department of Justice for possible criminal proceedings.
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