A U.S. federal agency has launched an official investigation into Jack Smith, the special counsel who led two major criminal probes against Donald Trump following his presidency, Reuters reported Sunday.
The U.S. Office of Special Counsel (OSC) confirmed to Reuters it is reviewing whether Smith violated the Hatch Act, a federal law that bars government employees from engaging in political activity in their official roles. The probe was initiated following a request from Republican Senator Tom Cotton of Arkansas.
Unlike the Department of Justice's Special Counsel’s Office that Smith previously headed, the OSC is an independent agency with no authority to bring criminal charges, but it is responsible for examining federal employee conduct.
The investigation, first reported by the New York Post, follows mounting criticism from Trump and his allies, who claim Smith acted with political bias. Senator Cotton accused Smith of trying to damage Trump’s 2024 campaign and called him a “political operative masquerading as a public servant.”
Jack Smith, a war crimes prosecutor, filed two criminal indictments against Trump: one over classified documents retained after Trump left office, and another tied to alleged efforts to overturn the 2020 election — the latter leading to the January 6 Capitol riots.
Neither case went to trial. They were delayed by legal challenges, including a U.S. Supreme Court ruling granting broad immunity to presidents. Smith ultimately dropped both prosecutions after Trump’s 2024 election victory, citing Justice Department policy against indicting a sitting president. In a January report, however, Smith maintained that the evidence collected was sufficient to convict.
Trump has denied all wrongdoing and accused prosecutors of political persecution aimed at derailing his presidential campaign.