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Officials investigate ex-Trump prosecutor over alleged illegal political activity

Jack Smith is accused of violating the Hatch Act, a law that bans certain public officials from engaging in political activity

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Former special counsel Jack Smith. Photo: AP

Federal officials have opened an investigation into Jack Smith, the former special counsel who investigated then-candidate Donald Trump before his re-election, for alleged illegal political activity.

The Office of Special Counsel, an independent federal agency, on Saturday confirmed the investigation after reporting by other news organisations. Smith was named special counsel to investigate Trump by then-Attorney General Merrick Garland in November 2022.

Trump and his Republican allies, including Arkansas Senator 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.

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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 long-standing Justice Department practice. Smith then subsequently resigned as special counsel.

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Cotton 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.
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