Former Trump prosecutor Jack Smith faces investigation by Office of Special Counsel

The U.S. Office of Special Counsel said Saturday it is investigating Jack Smith, the former Justice Department official who oversaw two federal prosecutions of Donald Trump, for potentially violating the law barring federal officials from political activity.

The independent agency tasked with overseeing investigations into partisan influence and coercion confirmed its investigation of Smith over potential Hatch Act violations.

The Hatch Act prohibits most federal employees from using their official authority to influence elections or engage in overt political activity on the job. If the office concludes a federal employee has violated the law, it refers the case to the president. Discipline can range from a reprimand to a removal from federal service.

Sen. Tom Cotton (R-Ark.) on Wednesday called for an investigation into Smith, asking acting special counsel Jamieson Greer in a letter to look into whether he “unlawfully took political actions to influence the 2024 election to harm then-candidate President Donald Trump.”

Smith, a veteran federal and war crimes prosecutor, was appointed by then-Attorney General Merrick Garland to serve as a special counsel in November 2022 — three days after Trump formally declared himself a 2024 candidate for president.

Smith became the public face of the department’s efforts to hold Trump accountable for two sets of alleged crimes. Trump was accused of trying to block Joe Biden’s 2020 election victory, and, after leaving the White House upon completion of his first term, mishandling highly classified documents and obstructing government efforts to retrieve them.

Neither case went to trial. The election-interference indictment was delayed after a Supreme Court ruling last summer greatly expanded presidential immunity for actions taken while in office. U.S. District Judge Aileen M. Cannon in Florida tossed the classified documents indictment two weeks later, ruling Smith had been unlawfully appointed.

Smith resigned from the Justice Department in the days before Trump’s inauguration this year.

Lawyers for Smith did not immediately respond to requests for comment.

Trump and other Republicans had accused Smith of bringing the cases for political reasons. While president-elect ahead of his second term, Trump made it clear that he was planning to fire Smith and his team, The Washington Post reported in November, and Smith had made clear that he would resign before Trump took office. Since Trump’s inauguration, DOJ has fired several officials involved in the two cases.

“Many of Smith’s legal actions seem to have no rationale except for an attempt to affect the 2024 election results-actions that would violate federal law,” Cotton wrote, arguing that Smith rushed to have a trial.

“President Trump of course vanquished Joe Biden, Jack Smith, every Democrat who weaponized the law against him, but President Trump’s astounding victory doesn’t excuse Smith of responsibility for his unlawful election interference,” the senator’s letter continued. “I therefore ask the Office of Special Counsel to investigate whether Jack Smith or any members of his team unlawfully acted for political purposes.”

During Trump’s first term, he largely ignored the office even after it found his senior adviser Kellyanne Conway had violated the law by making partisan statements and recommended her removal.

More than a dozen Trump officials during his first term flouted the law against politicking, and the administration had a “willful disregard for the law,” the watchdog office later found.

In May, Trump announced he had selected Paul Ingrassia, a former right-wing podcast host, to lead the OSC.

Ingrassia, the current White House liaison for the Department of Homeland Security, has publicly advocated for white supremacist and antisemite Nick Fuentes, writing on X that “dissident voices” such as Fuentes should have a place in conservative politics. He was also part of a legal team representing self-described misogynist influencer Andrew Tate, who has been charged with human trafficking and forming an organized-crime group in Romania, as well as rape, actual bodily harm and human trafficking in Britain.

After his selection was announced, Ingrassia, who has a history of partisan statements, said in a post on X that he would work to revitalize “Fairness” in the enforcement of the Hatch Act.

Ingrassia’s confirmation prospects remain uncertain, and dozens of groups that advocate for federal workers are urging senators to reject his appointment, citing his extreme views, limited credentials and close alignment with Trump.

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• Perry Stein, Jeremy Roebuck, Brianna Tucker and Frances Vinall contributed.