DAILY CALLER NEWS FOUNDATION—Former special counsel Jack Smith is finally facing a federal probe over his conduct while prosecuting President Donald Trump, though its impact may be limited.

Republican Arkansas Sen. Tom Cotton confirmed Monday that the Office of Special Counsel, an independent federal watchdog agency, launched an ethics investigation into Smith.

The Office of Special Counsel’s investigation focuses on whether Smith violated the Hatch Act, which prohibits federal employees from engaging in some political activities. Since he is no longer a federal employee, the penalties Smith could face are limited.

“But he can still be found in violation of the law,” Hans von Spakovsky, senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, told the Daily Caller News Foundation. “In that case, he could be barred from further federal service for a maximum of five years or have a civil fine imposed on him. While the statute says the maximum fine is $1,000, under the applicable federal regulation, 5 CFR 1201.126(a), this amount is adjusted for inflation and is currently at $1,365.”

If Smith is found in violation of the Hatch Act, it could be grounds for a bar complaint that affects his ability to practice law, von Spakovsky said.

The Office of Special Counsel did not respond to requests for comment. Smith could not be reached.

I can confirm that the Office of Special Counsel has opened an investigation into Jack Smith's conduct during the election.

No one is above the law.

I encourage OSC to release as much information as possible to the public, and do it as quickly as possible.

Cotton originally urged acting special counsel Jamieson Greer to begin the investigation July 30,

© The Daily Signal