BRIDGEWATER, N.J. — An independent watchdog agency responsible for enforcing a law against partisan political activity by federal employees has opened an investigation into Jack Smith, the Justice Department special counsel who brought two criminal cases against then-candidate Donald Trump before his election to the White House last year.
The Office of Special Counsel confirmed Saturday that it was investigating Smith on allegations he engaged in political activity through his inquiries into Trump. Smith was named special counsel by then-Attorney General Merrick Garland in November 2022 and his special counsel title is entirely distinct from the agency now investigating him. The office has no criminal enforcement power but does have the authority to impose fines and other sanctions for violations.
It was not clear what basis exists to contend that Smith’s investigations were political in nature or that he violated the Hatch Act, a federal law that bans certain public officials from engaging in political activity. Sen. Tom Cotton, an Arkansas Republican, had earlier this week encouraged the office to scrutinize Smith’s activities and had alleged that his conduct was designed to help then-President Joe Biden and his vice president Kamala Harris, both Democrats.
Smith brought two cases against Trump, one accusing him of conspiring to overturn the results of the 2020 presidential election and the other of hoarding classified documents at his Mar-a-Lago estate in Florida. Both were brought in 2023, well over a year before the 2024 presidential election, and indictments in the two cases cited what Smith and his team described as clear violations of well-established federal law. Garland has repeatedly said politics played no part in the handling of the cases.
Both cases were abandoned by Smith after Trump’s November win, with the prosecutor citing longstanding Justice Department policy prohibiting the indictment of a sitting president.
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.
The White House had no immediate comment on the investigation into Smith, which was first reported by The New York Post. The office 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.
