It was not clear what basis exists to contend that Smith's investigations were political in nature or that he violated the Hatch Act, a federal law that bans certain public officials from engaging in political activity. Sen. Tom Cotton, an Arkansas Republican, had earlier this week encouraged the office to scrutinize Smith's activities and had alleged that his conduct was designed to help then-President Joe Biden and his vice president Kamala Harris, both Democrats.
Smith brought two cases against Trump, one accusing him of conspiring to overturn the results of the 2020 presidential election and the other of hoarding classified documents at his Mar-a-Lago estate in Florida. Both were brought in 2023, well over a year before the 2024 presidential election, and indictments in the two cases cited what Smith and his team described as clear violations of well-established federal law. Garland has repeatedly said politics played no part in the handling of the cases.
Both cases were abandoned by Smith after Trump's November win, with the prosecutor citing longstanding Justice Department policy prohibiting the indictment of a sitting president.
There was no immediate indication that the same office investigating Smith had opened investigations into the Justice Department special counsels who were appointed by Garland to investigate Biden and his son Hunter.
The White House had no immediate comment on the investigation into Smith, which was first reported by The New York Post.
The office has been riven by leadership tumult over the last year. An earlier chief, Hampton Dellinger, was abruptly fired by the Trump administration and initially sued to get his job back before abandoning the court fight. Trump's trade representative, Jamieson Greer, is also serving as acting special counsel.
Trump selected as his replacement Paul Ingrassia, a former right-wing podcast host who has praised criminally charged influencer Andrew Tate as a “extraordinary human being” and promoted the false claim that the 2020 election was rigged. A Senate panel was set to consider his nomination at a hearing last month, but it was pulled from the agenda.
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Tucker reported from Washington.