The Office of the Special Counsel (OSC) confirmed to the BBC that an investigation into Smith is underway but declined to provide further details.

Smith was appointed in 2022 to investigate Trump’s alleged mishandling of classified documents and his alleged attempt to interfere in the 2020 presidential election. The OSC does not have authority to bring criminal charges against Smith but can initiate disciplinary actions or refer its findings to the Department of Justice (DOJ).

As an independent federal agency, the OSC’s primary function is to investigate and address violations of federal rules by members of the US civil service. It operates separately from special counsel offices under the DOJ—such as the one previously led by Smith—which can bring federal criminal charges.

US media reported on Saturday that the OSC is investigating Smith for alleged violations of the Hatch Act, a law that prohibits government officials from engaging in certain political activities.

The investigation follows a call by Senator Tom Cotton, a Republican from Arkansas, for the OSC to probe Smith over what he called “unprecedented interference in the 2024 election.” Smith was appointed by former Attorney General Merrick Garland in November 2022 to oversee federal investigations into Trump. Both investigations resulted in criminal charges against the former president, who pleaded not guilty and described the prosecutions as politically motivated.

The cases were later closed following Trump’s victory in the November 2024 presidential election, as DOJ regulations prohibit the prosecution of a sitting president. In a post on X earlier this week, Cotton described the investigations and resulting charges as “nothing more than a tool for the Biden and Harris campaigns,” adding: “It is very likely illegal campaign activity from a public office.”

The OSC probe also comes after Trump dismissed its former head, Hampton Dellinger, in February. Dellinger had advocated for the reinstatement of probationary federal employees dismissed by the Trump administration. A judge later ruled Dellinger’s firing unlawful, but a federal circuit court held that the administration could replace him while the legal battle over his dismissal continued. Dellinger dropped the case in March, saying he did not expect the Supreme Court to rule in his favor. (BBC)