'Tool for Biden's campaign': Trump administration accuses former special counsel Jack Smith of political bias; investigation launched

Federal officials have launched an investigation into former special counsel Jack Smith after US President Donald Trump and Republican lawmakers accused him of engaging in illegal political activity during his investigations into Trump’s 2024 presidential campaign.

The US office of special counsel (OSC), an independent federal agency, confirmed to NBC News on Saturday that it is looking into Smith for possible violations of the Hatch Act- a law that bars certain political activities by federal employees.

The OSC is distinct from the justice department’s special counsel’s office, which Smith led during his investigation into Trump.


While the OSC cannot bring criminal charges, it can recommend disciplinary action such as removal from the federal workforce. It may also refer findings to the Department of Justice, although that is uncommon.

Senator Tom Cotton, R-Ark., formally requested the investigation on Wednesday, accusing Smith of “unprecedented interference in the 2024 election.”

Smith was appointed special counsel by then-attorney general Merrick Garland in November 2022, just three days after Trump announced his presidential bid. He later brought two criminal indictments against Trump in 2023 but stepped down from the role slightly more than a week before Trump’s inauguration in January 2024. Neither case reached trial.

“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns,” Cotton said in a post on X Wednesday. “This isn’t just unethical, it is very likely illegal campaign activity from a public office.”

Cotton also claimed Smith pushed for a “rushed trial” of Trump, though he has not released specific evidence of illegal conduct.


Hatch Act violations are rarely referred to the DOJ. In 2019, the OSC recommended then-President Trump remove White House counselor Kellyanne Conway for Hatch Act violations, but the issue did not lead to prosecution.

Meanwhile, Trump’s nominee to lead the OSC, Paul Ingrassia, remains stalled in the senate. A White House official said that Ingrassia, a former podcast host with a history of controversial remarks, is currently holding one-on-one meetings with senators as part of the confirmation process.