BRIDGEWATER, N.J. (AP) — Federal officials have opened an investigation into Jack Smith, the former special counsel who investigated then-candidate Donald Trump before his reelection to a second term.

The Office of Special Counsel, an independent federal agency, on Saturday confirmed the investigation after reporting by other news organizations. Smith was named special counsel to investigate Trump in 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 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 own 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.

The New York Post was first to report on the investigation into Smith.

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Healthcare at College Park, a nursing home in Fulton County, GA, stands shuttered with its door chained on July 26, 2025, having closed in recent months.  Researchers at Brown University developed a list of U.S. nursing homes they predicted were at risk of closing based on 2023 data, and would be at elevated risk of closing due to the One Big, Beautiful Bill Act's cuts to Medicaid. Healthcare at College Park was on their list.  It survived past its last federal inspection in August of 2024 but has now closed down. The bill's biggest provisions will roll out over years starting Jan. 1. (Ariel Hart/AJC)

Credit: Ariel Hart