The Office of Special Counsel (OSC), an independent federal agency, confirmed Saturday that it has opened an investigation into Jack Smith, the former special counsel who prosecuted federal cases against then-presidential candidate Donald Trump.
The New York Post first reported about the investigation.
The investigation centers on allegations that Smith violated the Hatch Act, a federal law prohibiting certain government officials from engaging in political activities while in office.
Newsweek has reached out to the OSC and the White House via email on Saturday for comment.
Why It Matters
This investigation represents a significant reversal of roles, with the former prosecutor now facing scrutiny for his own actions. The probe could set important precedents about the boundaries of special counsel operations and their potential political implications during election cycles.
The Trump administration has pursued sweeping personnel changes across federal departments, particularly targeting those involved in investigating Trump.
What To Know
Smith oversaw two major federal cases against Trump: one involving classified documents found at his Mar-a-Lago estate in Palm Beach, Florida, launched by then-Attorney General Merrick Garland and another related to Trump’s alleged attempts to overturn the 2020 presidential election results.
Last summer, Judge Aileen Cannon, a Trump appointee, dismissed the classified documents case on grounds that Smith was not properly appointed by Garland because he was not approved by the U.S. Senate.
Smith also was investigating whether Trump criminally attempted to overturn the 2020 election results, including efforts to pressure then-Vice President Mike Pence to delay certification of the Electoral College vote on January 6, 2021.
The probe examined Trump’s role in promoting a false slate of electors and his involvement in the events leading to the U.S. Capitol riot, where his supporters stormed the building after he repeatedly, and without evidence, claimed the election had been “stolen” through widespread voter fraud.
Garland has previously said politics didn’t play a part in the handling of the two cases, which were dropped after Trump’s November 2024 election victory, following longstanding Justice Department policy that sitting presidents cannot be prosecuted.
Senator Tom Cotton, an Arkansas Republican, formally requested the investigation Wednesday, alleging that Smith’s conduct was designed to help then-President Joe Biden and Vice President Kamala Harris, both Democrats, in their election efforts against Trump. Biden had dropped his own bid for reelection in July 2024 following his disastrous performance in a campaign debate against Trump and tapped Harris to succeed him on the ticket. Trump ultimately won the election.
The Hatch Act, enacted in 1939, restricts federal employees from using their official positions to influence elections. Violations can result in removal from office, suspension, or other disciplinary measures. The OSC, separate from the Justice Department’s special counsel positions, investigates such violations but has no criminal enforcement power. However, it can impose fines and other sanctions for violations.
Meanwhile, Attorney General Pam Bondi has fired over 20 Department of Justice employees who worked with Smith on the Trump investigations, according to Reuters. Some of the terminated employees were identified by Bondi’s “Weaponization Working Group,” which evaluates activities of Smith and affiliates for potential “weaponization” of the legal system.
Smith resigned from his position following Trump’s election victory and the dismissal of the federal cases. Neither case had proceeded to trial before being dropped.
Alex Wong/Getty Images
What People Are Saying
The official X account of the House Judiciary Democrats posted on July 11: “Judiciary Democrats are demanding AG Bondi release the full Jack Smith report and all Epstein files referencing Donald Trump because DOJ’s job is to investigate and prosecute crimes—not cover them up to protect Trump-world.”
Tom Renz, an attorney and author, posted on X on July 12: “Bondi firing people from the Jack Smith trial and J6 cases is absolutely an embarrassing act of CYA. She’s had months to do ANYTHING real and all she’s done is delay and cover for elite p*dos. Too late… unless she drops criminal charges against Pfizer, Gates, Soros, and the Dems behind J6 tomorrow and admits she looted about everything Epstein it’s all just theater.”
Democratic strategist Adam Parkhomenko posted on X on Saturday: “So let me get this straight: Jack Smith investigates a guy who tried to overturn an election and incited an insurrection… and he’s the one being investigated? We’re not a serious country. We’re a banana republic with better branding…but that’s going to s***, too.”
What Happens Next?
The OSC will examine whether Smith’s actions violated Hatch Act provisions during his tenure as special counsel. The investigation could take several months to complete, depending on the complexity of evidence reviewed and witness interviews conducted.
Update 8/2/25, 5:37 p.m. ET: This article has been updated with additional information.
This article includes reporting by The Associated Press.
