Federal authorities open investigation into former Trump prosecutor Jack Smith for alleged illegal political activity

BRIDGEWATER, N.J. — Federal authorities have launched an inquiry into Jack Smith, the previous special counsel who examined Donald Trump during his campaign period, due to accusations of unlawful political conduct.

The Office of Special Counsel, an autonomous federal entity, confirmed this investigation on Saturday after it was reported by other media outlets. Smith was appointed as the special counsel to probe into Trump by then-Attorney General Merrick Garland in November 2022.

Without presenting any proof of misconduct, Trump and his Republican supporters, including Senator Tom Cotton, have accused Smith of breaching the Hatch Act, a federal law that restricts some public officials from participating in political actions.

Smith managed two federal cases against Republican candidate Trump approaching the November 2024 presidential elections. Ultimately, he discontinued the cases – neither reached trial – following Trump’s reelection, which, according to long-standing Justice Department protocol, would protect him from prosecution. Smith subsequently resigned from his position as special counsel.

Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington.

Special counsel Jack Smith discusses the indictment of former President Donald Trump on August 1, 2023, at a Department of Justice office in Washington.

(AP Photo/J. Scott Applewhite, File)

On Wednesday, Senator Cotton, R-Ark., urged the Office of Special Counsel to investigate Smith, claiming that his actions seemed to assist then-President Joe Biden and Vice President Kamala Harris, who are both Democrats. After a poorly received debate performance against Trump, Biden withdrew from his reelection race, nominating Harris to lead the ticket.

Trump won the election.

The White House had no immediate comment on the investigation.

The New York Post was first to report on the investigation into Smith.

Copyright © 2025 by The Associated Press. All Rights Reserved.

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