Jack Smith, former DOJ special counsel, under federal investigation for alleged political bias in Doland Trump cases

The US Office of Special Counsel has launched an investigation into former DOJ special counsel Jack Smith over allegations he violated the Hatch Act while prosecuting Donald Trump ahead of the 2024 election.

Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. (AP Photo/J. Scott Applewhite, File)(AP)

The US Office of Special Counsel (OSC), a federal watchdog agency, has opened an investigation into Jack Smith, the former Justice Department special counsel who brought two criminal cases against Donald Trump ahead of his return to the White House.

The probe, confirmed by the OSC on Saturday, follows accusations that Smith may have violated the Hatch Act—a law prohibiting federal employees from engaging in partisan political activity—during his investigations into the then President-candidate.

Background: Smith’s Trump probes

Smith was appointed in November 2022 by then-Attorney General Merrick Garland to serve as special counsel investigating Trump. He later brought two high-profile cases in 2023: one accusing Trump of conspiring to overturn the 2020 election and another charging him with mishandling classified documents at his Mar-a-Lago residence in Florida.

Both cases were dropped after Trump won the November 2024 election. Citing longstanding Justice Department policy against prosecuting a sitting president, Smith formally closed the cases before resigning from his post.

Trump has repeatedly claimed that the investigations were politically motivated and part of a broader effort by the Biden administration to target him. He had vowed during his campaign to dismiss Smith if reelected.

Allegations and GOP pressure

The investigation into Smith appears to have been prompted in part by Republican Senator Tom Cotton of Arkansas, who called on the OSC to examine whether Smith’s actions were intended to influence the outcome of the 2024 election in favor of President Joe Biden and Vice President Kamala Harris. Cotton alleged Smith’s conduct served Democratic political interests.

It remains unclear what specific evidence, if any, supports claims that Smith violated the Hatch Act. The OSC does not have criminal enforcement powers but can impose administrative penalties, including fines.