Federal agency investigating former special counsel Jack Smith, who indicted Trump

BRIDGEWATER, N.J. — A federal watchdog agency responsible for enforcing a law against partisan political activity by federal employees has opened an investigation into Jack Smith, the former Justice Department 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, confirmed Saturday that it was investigating Smith on allegations he engaged in political activity through his Trump investigations. 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. 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.

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, yielding to long-standing Justice Department policy that a sitting president is shielded from prosecution. Smith subsequently resigned as special counsel.

There was no immediate indication that the same office investigating Smith had opened investigations into the Justice Department special counsels who were appointed by Garland to investigate Biden and his son Hunter.

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.

The Office of Special Counsel has been riven by leadership tumult over the last year. An earlier chief, Hampton Dellinger, was abruptly fired by the Trump administration and initially sued to get his job back before abandoning the court fight.

Trump selected as his replacement Paul Ingrassia, a former right-wing podcast host who has praised criminally charged influencer Andrew Tate as a “extraordinary human being” and promoted the false claim that the 2020 election was rigged. A Senate panel was set to consider his nomination at a hearing last month, but it was pulled from the agenda.

Trump’s trade representative, Jamieson Greer, is serving as acting head of the office.

Superville writes for the Associated Press.