The US office of special counsel, an independent federal agency, confirmed to NBC News on Saturday that it is investigating former Department of Justice prosecutor Jack Smith for possible violations of the Hatch Act.
Smith led investigations into Donald Trump’s part in January 6 US Capitol riot and alleged mishandling of classified documents.
The confirmation of an investigation comes after Arkansas senator Tom Cotton, a Republican, requested last week that Smith, 56, be investigated for “unprecedented interference in the 2024 election”.
The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees. Trump, along with other prominent Republican lawmakers, have argued that Smith’s investigations into Trump amounted to illegal political activity.
Smith was appointed as special counsel by then attorney general Merrick Garland in 2022 – three days after Trump announced his bid for a second term – to investigate potential interference with the 2020 election and the handling of classified documents.
However, the US office of special counsel, the federal agency investigating Smith, is different from the type of justice department-appointed special counsel position that was held by Smith.
As an independent federal agency, it lacks the power to bring criminal charges, but can instead seek disciplinary action for a federal government employee or refer its findings to the justice department for investigation.
In a series of social media posts on Wednesday, Cotton said that Smith’s legal actions “were nothing more than a tool for the Biden and Harris campaigns. This isn’t just unethical, it is very likely illegal campaign activity from a public office.”
Cotton said Smith “pushed for an out-of-the-ordinary, rushed trial for President Trump, with jury selection to begin just two weeks before the Iowa caucuses. No other case of this magnitude and complexity would come to trial this quickly.”
Smith ultimately brought two criminal indictments against Trump in 2023 but resigned in January this year before either came to trial.
His resignation came soon after the justice department asked a federal appeals court to reverse a judge’s order, blocking the release of his investigative report focused on Trump’s alleged efforts to undo the 2020 presidential election. A second Smith-authored report, into Trump’s handling of classified documents, was also blocked from publication.
