Office of Special Counsel launches investigation into ex-Trump prosecutor Jack Smith

The U.S. Office of Special Counsel, an independent federal agency, is investigating former special counsel Jack Smith for alleged political violations of the Hatch Act

Federal officials are investigating former special counsel Jack Smith after President Donald Trump and other prominent Republicans have alleged that his investigations into then-candidate Trump amounted to illegal political activity.

The U.S. Office of Special Counsel, an independent federal agency, confirmed to NBC News on Saturday that it's investigating Smith for alleged violations of the Hatch Act, a law that prohibits certain political activities by government officials. Trump and his allies have not presented specific evidence of wrongdoing.

The OSC is different from the type of special counsel’s office formerly headed by Smith, who was appointed by the Department of Justice. The independent agency lacks the authority to bring criminal charges and prosecute individuals who violate the Hatch Act, but it may seek disciplinary action for a federal government employee, such as removal from the civil workforce, or refer its findings of Hatch Act violations to the DOJ for investigation.

On Wednesday, Sen. Tom Cotton, R-Ark., requested that the OSC investigate Smith for “unprecedented interference in the 2024 election.” A source familiar with the matter says the OSC affirmed to Cotton that it is proceeding with its inquiry following his request.

Smith was tapped as special counsel by then-Attorney General Merrick Garland in November 2022 to oversee the federal investigations into Trump, who announced his candidacy for the presidency three days before Smith’s appointment. Smith would go on to bring two criminal indictments against then-candidate Trump in 2023 but resigned just over one week before Trump’s inauguration in January 2024 — without ever having brought the two cases to trial.