Federal investigators are now looking into former special counsel Jack Smith after top Republicans, including former President Donald Trump, accused him of illegal political activity during his investigation of Trump in the lead-up to the 2024 election.
The U.S. Office of Special Counsel (OSC), an independent government agency that monitors political activity by federal employees, confirmed to NBC News that it has opened a formal investigation into Smith. The inquiry focuses on whether Smith may have violated the Hatch Act—a law designed to prevent federal officials from using their positions to influence elections.
The allegations against Smith come from Republican lawmakers who claim his role as special counsel may have crossed a legal line. While the OSC does not have the power to press criminal charges, it can recommend disciplinary action, including removal from federal employment. If evidence suggests more serious wrongdoing, the OSC can also refer the case to the Department of Justice.
🚨 BREAKING: The U.S. Office of Special Counsel is NOW INVESTIGATING Jack Smith.
They suspect he may have violated the Hatch Act.
He went after Trump.
FAFO. pic.twitter.com/SnRAuXqNpj
— Eric Daugherty (@EricLDaugh) August 1, 2025
Senator Tom Cotton of Arkansas formally asked the OSC to investigate Smith last Wednesday. A source familiar with the inquiry said the agency responded directly to Cotton, confirming that it would move forward with an examination into the claims.
Smith was appointed special counsel by Attorney General Merrick Garland in November 2022, just days after Trump announced his 2024 campaign. Smith was tasked with overseeing two separate federal investigations into Trump—one involving classified documents and the other related to efforts to overturn the 2020 election.
Over the course of 2023, Smith filed two criminal indictments against Trump, but the cases never made it to trial. Smith resigned in early January 2024, shortly before Trump was sworn back into office, leaving both cases unresolved.
Trump and several of his allies have since argued that the timing and nature of Smith’s actions were politically motivated. Cotton posted on X (formerly Twitter) this week, claiming, “Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns.”
BREAKING: There is now an OFFICIAL investigation into CROOKED Jack Smith!
He led the charge in politically persecuting Trump and wasn’t even legally put in his position!
“I appreciate the Office of Special Counsel taking this seriously and launching an investigation into Jack… pic.twitter.com/opW7qQQQcL
— Gunther Eagleman™ (@GuntherEagleman) August 1, 2025
Cotton also accused Smith of pushing for a “rushed trial,” which he said was aimed at damaging Trump during the election cycle. However, Cotton has not released any documents or specific evidence proving Smith’s actions violated the law.
The Hatch Act prohibits federal employees from using their official authority to interfere with elections, endorse candidates, or engage in political activity while on duty. In past cases, even when the OSC has found violations, the results have not always led to prosecution.
In 2019, for example, the OSC recommended that then-President Trump fire White House counselor Kellyanne Conway over multiple Hatch Act violations. Trump declined, and the matter did not go to the Department of Justice.
The controversy over Jack Smith comes as Trump’s influence over federal agencies begins to take shape again. His nominee to lead the Office of Special Counsel, Paul Ingrassia, is currently awaiting Senate confirmation. Ingrassia, a former podcast host with a record of strong political commentary, is now meeting privately with lawmakers to discuss his potential role.
The OSC investigation was first reported by the New York Post and has raised questions about how federal oversight of political activity will unfold during Trump’s second term. For now, the spotlight is firmly on whether one of the most high-profile prosecutors from the last election cycle crossed a line—and what, if anything, will come of it.
