By United States Department of Justice
US federal authorities have opened an investigation into Jack Smith, the former special counsel who led two high-profile federal criminal cases against former President Donald Trump before stepping down earlier this year.
The Office of the Special Counsel (OSC) confirmed to the BBC that it is currently investigating Mr. Smith but declined to provide additional details.
Appointed in 2022, Smith was tasked with overseeing investigations into Trump’s alleged mishandling of classified documents and purported attempts to interfere with the 2020 presidential election.
While the OSC does not have the power to file criminal charges, it can conduct disciplinary proceedings or refer its findings to the Department of Justice (DOJ). As an independent federal agency, the OSC is responsible for probing violations of federal rules by civil service employees and functions separately from DOJ special counsel offices, which can prosecute federal crimes.
US media reports indicate the OSC is investigating Smith for possible violations of the Hatch Act, which restricts political activities by government officials. The investigation follows calls from Republican Senator Tom Cotton of Arkansas, who accused Smith of “unprecedented interference in the 2024 election” and urged the OSC to act. Cotton claimed that Smith’s actions amounted to illegal campaign activity benefiting the Biden and Harris campaigns.
Smith was appointed special counsel in November 2022 by then-Attorney General Merrick Garland to oversee federal probes into Trump. Both investigations resulted in criminal charges against Trump, who pleaded not guilty and dismissed the prosecutions as politically motivated. However, the cases were closed after Trump won the 2024 presidential election, as DOJ regulations prohibit prosecuting a sitting president.
In a recent post on the social media platform X, Cotton criticized the investigations as partisan tools designed to undermine Trump’s campaign, describing them as likely illegal use of public office.
The BBC has reached out to Smith’s legal team for comment on the OSC investigation.
The OSC probe into Smith comes after Trump’s administration fired the agency’s former head, Hampton Dellinger, in February. Dellinger had advocated reinstating probationary federal employees laid off under Trump. A federal judge ruled Dellinger’s dismissal unlawful, though a Circuit Court later allowed the administration to replace him pending ongoing litigation. Dellinger withdrew the legal challenge in March, citing low chances of a favorable Supreme Court ruling. He warned at the time that the lack of an independent special counsel could cause immediate and irreparable harm to the agency and those who depend on it.
Jack Smith is not the only former government official scrutinized under the Trump administration’s tenure. In May, the Secret Service launched an investigation into former FBI Director James Comey after he posted and deleted an image of seashells on social media—an act Republicans claimed incited violence against Trump. Comey, who served from 2013 to 2017 during the Obama administration, denied these allegations.
Earlier this month, US media also reported investigations into Comey and former CIA Director John Brennan for allegedly making false statements to Congress during their inquiries into Russian interference in the 2016 election. Brennan described the probe as indicative of “continued politicization of the intelligence community” under Trump.
As these investigations unfold, the political and legal ramifications continue to reverberate through Washington, highlighting ongoing tensions between current and former officials linked to the Trump era.
