The Office of Special Counsel (OSC) has opened a formal investigation into former special counsel Jack Smith, marking the first legal probe into his conduct. Smith, appointed by Attorney General Merrick Garland, oversaw two high-profile but unsuccessful prosecutions of President Donald Trump—one involving classified documents, the other tied to the January 6 Capitol riot. Both cases were ultimately dismissed.

According to an email obtained by The New York Post, the OSC’s Hatch Act Unit is now reviewing Smith’s actions for possible violations of the federal law prohibiting political activity by government employees. The investigation follows a letter from Sen. Tom Cotton (R-Ark.), who accused Smith of using his role to interfere with the 2024 election. “Jack Smith’s actions were clearly driven to hurt President Trump’s election,” Cotton said. “He should be held fully accountable.”

Smith resigned in January after Trump returned to office. Republicans have long criticized his work as politically motivated. In his letter to OSC, Cotton claimed Smith manipulated the timeline of his cases to affect Trump’s campaign, including around key events like the Iowa caucuses. He called the legal actions “unethical” and “very likely illegal.”

Smith has not responded publicly but has previously maintained that his work followed legal standards and was free of political influence.

Meanwhile, the Justice Department in January dismissed over a dozen attorneys who had worked with Smith, citing concerns over their loyalty to the administration. Critics argue the dismissals highlight deep political divisions within the DOJ and raise questions about impartiality in federal prosecutions.