Ex-Trump prosecutor Jack Smith under investigation for alleged illegal political activity; here’s what you need to know

Jack Smith, the former special counsel who investigated then-candidate Donald Trump before his reelection to a second term, is now being investigated by federal officials. Following the reports by other news organizations, the investigation was confirmed on Saturday (August 2, 2025) by the Office of Special Counsel, an independent federal agency.

Smith was named special counsel to investigate Trump by then-Attorney General Merrick Garland in November 2022.

Trump and his Republican allies, including Sen. Tom Cotton, have, without offering evidence of wrongdoing, accused Smith of violating the Hatch Act, a federal law that bans certain public officials from engaging in political activity.

Smith prosecuted two federal cases against Trump

Smith prosecuted two federal cases against Republican candidate Trump in the lead-up to the November 2024 presidential election. Smith ultimately dropped the cases; neither one had gone to trial after Trump was reelected, which would have shielded him from prosecution according to longstanding Justice Department practice. Smith then subsequently resigned as special counsel.

Cotton, R-Ark., on Wednesday asked the Office of Special Counsel to investigate Smith, alleging that his conduct was designed to help then-President Joe Biden and his vice president, Kamala Harris, both Democrats. Biden had dropped his bid for reelection following his disastrous performance in a campaign debate against Trump and tapped Harris to succeed him on the ticket. Trump won the election and returned to the White House for a second term. The New York Post was first to report on the investigation into Smith.