Federal authorities investigating former special counsel Jack Smith, who indicted Trump
The current Office of Special Counsel, traditionally an independent federal agency, on Saturday confirmed the investigation after reporting by other news organizations. Smith was named special counsel by then-Atty. Gen. Merrick Garland to investigate Trump in November 2022 for his actions related to trying to overturn his 2020 election loss to Joe Biden and his hoarding of classified documents at his home in Florida.
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 and indicted him on multiple felony charges in both. He dropped both cases after Trump won the election in November, as a sitting president is shielded from prosecution according to long-standing 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 Biden and then-Vice Presiedent Kamala Harris, who became the Democratic nominee in last year's race against Trump.
Trump is the only felon to ever occupy the White House, having been convicted in May 2024 on 34 criminal counts for fraud related to a hush-money payment to a porn star before the 2016 election, which he also won.
The New York Post was first to report on the investigation into Smith.
Superville writes for the Associated Press.
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