The U.S. Office of Special Counsel (OSC) has opened an investigation into former Special Counsel Jack Smith to determine if he violated the Hatch Act during his criminal probes of President Donald Trump.

The probe follows a referral by Republican Sen. Tom Cotton, who accused Smith of politically motivated actions before the 2024 election.

Smith and former Attorney General Merrick Garland have denied any political bias in the investigations.

Smith’s cases against Trump were dismissed post-election due to DOJ policy against prosecuting sitting presidents.

The OSC, which enforces restrictions on partisan political activity for government employees, may have limited options since Smith is no longer a government official, ABC News has reported.

The DOJ is also investigating Smith through a separate group examining possible prosecutorial misconduct.

Written by B.C. Begley