BRIDGEWATER, N.J. — Federal officials have opened an investigation into Jack Smith, the former special counsel who indicted then-candidate Donald Trump on felony charges before his election to a second term.
The Office of Special Counsel, traditionally an independent federal agency, on Saturday confirmed the investigation after reporting by other news organizations. Smith was named special counsel by then-Atty. Gen. Merrick Garland to investigate Trump in November 2022 for his actions related to trying to overturn his 2020 election loss to Joe Biden and his hoarding of classified documents at his home in Florida.
Smith’s former title is distinct from the agency now investigating him. The office has no criminal enforcement power but has the authority to impose fines and other sanctions.
Trump and his Republican allies, including Sen. Tom Cotton, have — without offering evidence of wrongdoing — accused Smith of violating the Hatch Act, a federal law that bans certain public officials from engaging in political activity.
Smith prosecuted two federal cases against Trump and indicted him on felony charges in both. He dropped both cases after Trump won the election in November, as a sitting president is shielded from prosecution according to long-standing Justice Department practice. Smith subsequently resigned as special counsel.
Cotton (R-Ark.) on Wednesday asked the Office of Special Counsel to investigate Smith, alleging that his conduct was designed to help then-President Biden and then-Vice President Kamala Harris, who became the Democratic nominee in last year’s race against Trump.
Trump is the only felon to ever occupy the White House, having been convicted in May 2024 on 34 criminal counts for fraud related to a hush-money payment to a porn star before the 2016 election, which he also won.
The White House had no immediate comment on the investigation into Smith. The New York Post was first to report on it.
Superville writes for the Associated Press.
