An independent federal agency has opened an investigation into Jack Smith, the former special counsel who was tasked with investigating President Donald Trump. The investigation comes after Republicans alleged Smith used the investigations to engage in illegal political activity.
On Saturday, the Office of Special Counsel confirmed that it was investigating Smith on the allegations. Smith was named special counsel in November 2022 by then-Attorney General Merrick Garland. Smith’s title is different from the agency now investigating him. The office also doesn’t have criminal enforcement power but it can impose fines and other penalties if it finds any violations.
What are the allegations against Smith?
In July, Sen. Tom Cotton, R-Ark., asked the OSC to look into whether Smith illegally engaged in political activity to influence the 2024 election. In it he said Smith “unlawfully took political actions to influence the 2024 election.” Cotton also said the investigation was to harm Trump, who was a candidate at the time.
Smith has not responded to Cotton’s allegations. However, he has previously said his investigations were done by the books and followed all legal protocols.
The OSC’s announcement did not state what made Smith’s investigations political in nature. It also doesn’t say how he violated the Hatch Act, the federal law banning certain public officials from engaging in political activity.
Why was Trump investigated?
More than a year before the 2024 election, Smith brought two cases against Trump. The first accused him of conspiring to overturn the results of the 2020 presidential election and the other was the hoarding of classified documents at his Mar-a-Lago estate.
In Smith’s indictments in the two cases, he described Trump’s actions as clear violations of federal law. Garland, who appointed Smith, said the politics never played a role in either of the cases.
What were the results of the investigations?
Despite Smith’s claims of “clear violations,” both cases were abandoned after Trump won re-election in November 2024. Smith cited longstanding Justice Department policy prohibiting the indictment of a sitting president.
In January, Smith wrote a report that was later partially released. In it, he said he believed he had enough evidence to convict Trump.
“But for Mr. Trump’s election [in 2024] and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial,” he wrote in the report.
Smith later resigned after Trump assumed power in January. Trump fired the OSC’s previous chief, Hampton Dellinger, who later sued to return to his position. However, he later abandoned the suit.
The Senate panel has not yet considered Trump’s replacement for the role. Trump nominated former right-wing podcast host Paul Ingrassia. The panel was set to consider the nomination in July but it was pulled from the agenda.
Trade Representative Jamieson Greer is serving as acting head of the office.
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Author: Diane Duenez
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