Ex-Trump prosecutor Jack Smith faces investigation by independent
political watchdog
[August 04, 2025]
By DARLENE SUPERVILLE and ERIC TUCKER
BRIDGEWATER, N.J. (AP) — An independent watchdog agency responsible for
enforcing a law against partisan political activity by federal employees
has opened an investigation into Jack Smith, the Justice Department
special counsel who brought two criminal cases against then-candidate
Donald Trump before his election to the White House last year.
The Office of Special Counsel confirmed Saturday that it was
investigating Smith on allegations he engaged in political activity
through his inquiries into Trump. Smith was named special counsel by
then-Attorney General Merrick Garland in November 2022 and his special
counsel title is entirely distinct from the agency now investigating
him. The office has no criminal enforcement power but does have the
authority to impose fines and other sanctions for violations.
It was not clear what basis exists to contend that Smith's
investigations were political in nature or that he violated the Hatch
Act, a federal law that bans certain public officials from engaging in
political activity. Sen. Tom Cotton, an Arkansas Republican, had earlier
this week encouraged the office to scrutinize Smith's activities and had
alleged that his conduct was designed to help then-President Joe Biden
and his vice president Kamala Harris, both Democrats.
Smith brought two cases against Trump, one accusing him of conspiring to
overturn the results of the 2020 presidential election and the other of
hoarding classified documents at his Mar-a-Lago estate in Florida. Both
were brought in 2023, well over a year before the 2024 presidential
election, and indictments in the two cases cited what Smith and his team
described as clear violations of well-established federal law. Garland
has repeatedly said politics played no part in the handling of the
cases.
Both cases were abandoned by Smith after Trump's November win, with the
prosecutor citing longstanding Justice Department policy prohibiting the
indictment of a sitting president.
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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. (AP Photo/J. Scott Applewhite,
File)
There was no immediate indication that the same office investigating
Smith had opened investigations into the Justice Department special
counsels who were appointed by Garland to investigate Biden and his
son Hunter.
The White House had no immediate comment on the investigation into
Smith, which was first reported by The New York Post.
The office has been riven by leadership tumult over the last year.
An earlier chief, Hampton Dellinger, was abruptly fired by the Trump
administration and initially sued to get his job back before
abandoning the court fight.
Trump selected as his replacement Paul Ingrassia, a former
right-wing podcast host who has praised criminally charged
influencer Andrew Tate as a “extraordinary human being” and promoted
the false claim that the 2020 election was rigged. A Senate panel
was set to consider his nomination at a hearing last month, but it
was pulled from the agenda.
Trump’s trade representative, Jamieson Greer, is serving as acting
head of the office.
___
Tucker reported from Washington.
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