Federal officials are investigating former special prosecutor Jack Smith after President Donald Trump and other prominent Republicans said his investigation into then-candidate Trump was illegal political activity.
The Office of the U.S. Special Prosecutor (OSC), an independent federal agency, confirmed to NBC News on Saturday that it is investigating Smith for alleged violations of the Hatch Act, which prohibits certain political activities by government employees. Trump and his allies have not provided concrete evidence of wrongdoing.
The Office of Special Prosecutor is different from the type of special prosecutor’s office previously headed by Smith, who was appointed by the Justice Department. The independent agency does not have the authority to bring criminal charges or prosecute individuals who violate the Hatch Act, but it can seek disciplinary action for a federal government official, such as termination from civil service, or refer its findings of Hatch Act violations to the Justice Department for investigation.
Senator Tom Cotton, Republican of Arkansas, earlier this week asked the special prosecutor’s office to investigate Smith for “unprecedented interference in the 2024 election.” A source familiar with the matter says the OSC confirmed to Cotton that it is continuing to investigate his request.
In November 2022, then-Attorney General Merrick Garland appointed Smith as special counsel to oversee federal investigations into Trump, who had announced his intention to run for president. Smith subsequently brought two criminal charges against then-candidate Trump in 2023, but resigned just over a week before Trump’s inauguration in January 2024, never bringing the two cases to trial.
After Trump won the election on 5 November, Smith dismissed both cases, citing a long-standing Justice Department rule against prosecuting sitting presidents.