Federal authorities have launched an investigation into Jack Smith, the former special counsel who led two major criminal probes into President Donald Trump before stepping down earlier this year.
The Office of the Special Counsel (OSC), an independent federal agency responsible for enforcing rules governing the conduct of civil service employees, confirmed to the BBC that it is investigating Smith. However, officials declined to provide additional details about the nature of the probe.
Smith, who was appointed in 2022 by then-Attorney General Merrick Garland, oversaw investigations into Trump’s alleged mishandling of classified documents and efforts to overturn the 2020 election. Both investigations resulted in criminal charges, which Trump denied, framing the prosecutions as politically motivated. The cases were ultimately dropped after Trump won the 2024 presidential election, as Department of Justice policy prohibits the prosecution of a sitting president.
The OSC does not have the authority to file criminal charges. Instead, it can recommend disciplinary measures or refer findings to the Department of Justice. Its mandate is separate from that of the Department of Justice’s special counsel offices.
According to U.S. media reports, Smith is being investigated for possible violations of the Hatch Act—a federal law that bars government employees from engaging in political activity in their official capacity. The investigation follows a complaint from Republican Senator Tom Cotton of Arkansas, who accused Smith of engaging in “unprecedented interference in the 2024 election” and claimed his actions served the political interests of the Biden-Harris campaign.
“This is likely illegal campaign activity from a public office,” Cotton wrote in a recent post on X, formerly Twitter.
The BBC has reached out to Smith’s attorney for comment, but no statement has yet been issued.
The OSC inquiry comes on the heels of political turbulence within the agency itself. Trump dismissed former OSC chief Hampton Dellinger in February, following Dellinger’s support for reinstating federal workers fired during Trump’s earlier presidency. Although a judge later ruled the dismissal unlawful, a federal appeals court allowed Trump to proceed with the replacement while legal challenges remain unresolved. Dellinger ultimately dropped his case in March, citing little chance of success at the Supreme Court.
Smith is not the only former senior official under scrutiny. Earlier this year, the Secret Service began investigating former FBI Director James Comey after a cryptic social media post—later deleted—was interpreted by some Republicans as a veiled threat against Trump. Comey has denied any wrongdoing.
Additionally, U.S. media recently reported that Comey and former CIA Director John Brennan are both being investigated for allegedly providing false testimony to Congress during probes into Russian interference in the 2016 election. Brennan told NBC News that the inquiry reflects “continued politicization of the intelligence community” under Trump’s leadership.
