Overview

• The OSC opened an investigation into whether Smith’s public comments breached federal rules barring partisan political activity.
• Senator Tom Cotton’s referral prompted the ethics probe to examine potential efforts to influence the 2024 presidential election.
• Smith resigned from the Justice Department in January after leading federal prosecutions of President Trump for election subversion and classified documents retention.
• Under its mandate, the OSC cannot file criminal charges and may only send its conclusions to the Justice Department or suggest internal sanctions.
• The inquiry adds to similar OSC reviews of Trump critics, including former FBI Director James Comey and ex-CIA Chief John Brennan.