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.