Federal officials are investigating former special counsel Jack Smith after President Donald Trump and other prominent Republicans have alleged that his investigations into then-candidate Trump amounted to illegal political activity.
The U.S. Office of Special Counsel, an independent federal agency, confirmed to NBC News on Saturday that it's investigating Smith for alleged violations of the Hatch Act, a law that prohibits certain political activities by government officials. Trump and his allies have not presented specific evidence of wrongdoing.
The OSC is different from the type of special counsel’s office formerly headed by Smith, who was appointed by the Department of Justice. The independent agency lacks the authority to bring criminal charges and prosecute individuals who violate the Hatch Act, but it may seek disciplinary action for a federal government employee, such as removal from the civil workforce, or refer its findings of Hatch Act violations to the DOJ for investigation.
On Wednesday, Sen. Tom Cotton, R-Ark., requested that the OSC investigate Smith for “unprecedented interference in the 2024 election.” A source familiar with the matter says the OSC affirmed to Cotton that it is proceeding with its inquiry following his request.
Smith was tapped as special counsel by then-Attorney General Merrick Garland in November 2022 to oversee the federal investigations into Trump, who announced his candidacy for the presidency three days before Smith’s appointment. Smith would go on to bring two criminal indictments against then-candidate Trump in 2023 but resigned just over one week before Trump’s inauguration in January 2025 — without ever having brought the two cases to trial.
“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns,” Cotton wrote on X this week. “This isn’t just unethical, it is very likely illegal campaign activity from a public office.”
Cotton, in part, alleges that Smith pushed for a “rushed trial” of Trump. The Republican lawmaker has not publicly presented evidence that details how Smith’s actions were illegal in nature.
Hatch Act violations are not typically referred to the Department of Justice. In 2019, the OSC recommended that then-President Trump remove White House counselor Kellyanne Conway from the federal workforce for Hatch Act violations — but the matter was not sent to the DOJ.
The OSC investigation into Smith was first reported by the New York Post.
Trump’s nominee to head the OSC is stalled in the Senate. A White House official told NBC News that Paul Ingrassia, a former podcast host with a history of incendiary commentary, is meeting with senators in one-on-one meetings over the next month before a confirmation vote takes place.
