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Office of Special Counsel launches investigation into ex-Trump prosecutor Jack Smith

Federal officials are investigating former special counsel Jack Smith after President Donald Trump and other prominent Republicans have alleged that his investigations into then-candidate Trump amounted to illegal political activity.
The U.S. Office of Special Counsel, an independent federal agency, confirmed to NBC News on Saturday that it’s investigating Smith for alleged violations of the Hatch Act, a law that prohibits certain political activities by government officials. Trump and his allies have not presented specific evidence of wrongdoing.
The OSC is different from the type of special counsel’s office formerly headed by Smith, who was appointed by the Department of Justice. The independent agency lacks the authority to bring criminal charges and prosecute individuals who violate the Hatch Act, but it may seek disciplinary action for a federal government employee, such as removal from the civil workforce, or refer its findings of Hatch Act violations to the DOJ for investigation.
On Wednesday, Sen. Tom Cotton, R-Ark., requested that the OSC investigate Smith for “unprecedented interference in the 2024 election.” A source familiar with the matter says the OSC affirmed to Cotton that it is proceeding with its inquiry following his request.
Smith was tapped as special counsel by then-Attorney General Merrick Garland in November 2022 to oversee the federal investigations into Trump, who announced his candidacy for the presidency three days before Smith’s appointment. Smith would go on to bring two criminal indictments against then-candidate Trump in 2023 but resigned just over one week before Trump’s inauguration in January 2024 — without ever having brought the two cases to trial.
“Jack Smith’s legal actions were nothing more than a tool for the Biden and Harris campaigns,” Cotton wrote on X this week. “This isn’t just unethical, it is very likely illegal campaign activity from a public office.”
Cotton, in part, alleges that Smith pushed for a “rushed trial” of Trump. The Republican lawmaker has not publicly presented evidence that details how Smith’s actions were illegal in nature.
Hatch Act violations are not typically referred to the Department of Justice. In 2019, the OSC recommended that then-President Trump remove White House counselor Kellyanne Conway from the federal workforce for Hatch Act violations — but the matter was not sent to the DOJ.
The OSC investigation into Smith was first reported by the New York Post.
Trump’s nominee to head the OSC is stalled in the Senate. A White House official told NBC News that Paul Ingrassia, a former podcast host with a history of incendiary commentary, is meeting with senators in one-on-one meetings over the next month before a confirmation vote takes place.
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Minnesota Vikings QB J.J. McCarthy out with ankle injury

Vikings quarterback J.J. McCarthy sustained an ankle injury in Sunday’s 22-6 loss to the Falcons and is expected to miss next week’s game against the Bengals, head coach Kevin O’Connell announced Monday.
Carson Wentz, signed as the backup on Aug. 24, would start at quarterback instead. Bengals starting quarterback Joe Burrow will miss the game and is expected to be out for weeks with a toe injury.
O’Connell said McCarthy’s injury happened on a second-and-20 scramble in the third quarter, when he was taken down as he went out of bounds near the Vikings sideline.
“He just kind of got rolled up on,” O’Connell said. “In the moment, we didn’t necessarily think it was that significant when we came off after that series. There was somebody in the blue [medical] tent, so he got it evaluated right there, got it tape up and went back in the game. Hearing from our medical staff, it’s one of those things that tends to be much worse today than it probably was in the moment, with adrenaline and everything.“
O’Connell said he didn’t think the injury was severe enough for McCarthy to land on injured reserve, which would keep him out for a minimum of four weeks, but he didn’t have a concrete timetable for when the quarterback would return.
O’Connell added that he wanted to see how the injury responds to treatment through the week.
“Tough news there,” he said. “We’ve got our work cut out for us.”
With McCarthy out, the Vikings will turn to Wentz, who started one game each of the past two years for the Rams and Chiefs. He was the runner-up in the NFL MVP voting in 2017, when he led an Eagles team that won Super Bowl LII at U.S. Bank Stadium after Wentz tore his ACL. He was out of Philadelphia after the 2020 season, and his last year as a full-time starter was in 2021 for the Colts, when he threw 27 touchdowns against seven interceptions.
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J.J. McCarthy Not Expected to Play vs. Bengals; Vikings to Prep Carson Wentz

EAGAN, Minn. — Vikings Head Coach Kevin O’Connell on Monday announced J.J. McCarthy suffered an ankle sprain against the Falcons in Week 2 and is not expected to be available for Minnesota’s Week 3 game vs. Bengals.
O’Connell said the Vikings anticipate Carson Wentz starting and undrafted rookie Max Brosmer will back up Wentz.
O’Connell said McCarthy suffered the ankle sprain during a scramble on a second-and-20 play.
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DNA evidence links suspect to killing of Charlie Kirk, FBI director says | Charlie Kirk shooting

Kash Patel, the director of the FBI, has said that DNA evidence found by investigators links the man accused of killing rightwing political activist Charlie Kirk to the fatal attack despite his alleged refusal to cooperate with authorities after his arrest.
Speaking on the conservative-friendly Fox News network on Monday morning, Patel said that DNA found on a towel wrapped around the rifle believed to have been used to kill Kirk matches that of the suspect in custody, 22-year-old Tyler Robinson.
The arrest of Robinson was announced Friday, two days into a manhunt set off by Kirk’s killing during an event at Utah Valley University (UVU). Robinson ultimately turned himself over to investigators after a relative recognized him in suspect photos released by investigators after Kirk’s killing.
Patel also said that additional DNA found on a screwdriver recovered from the roof of a building on the UVU campus also has been “positively processed for the suspect in custody”.
The rifle itself, Patel added, is currently being processed at the federal Alcohol, Tobacco, Firearms and Explosives (ATF) laboratories in Maryland.
During Monday’s interview, the Fox News hosts also asked Patel about reports that the suspect had written a note prior to the shooting.
“The written note we believe did exist, and we have evidence to show what was in that note, which is, and I’m going to summarize … the suspect wrote a note basically saying, ‘I have the opportunity to take out Charlie Kirk, and I’m going to take it.’
“That note was written before the shooting.”
Patel said there was evidence that the note existed at the home Robinson shared with his partner but it was “destroyed”. “We have found forensic evidence of the note, and we have confirmed what that note says because of our aggressive interview posture at the FBI,” Patel said.
In another interview on Monday morning, FBI co-deputy director Dan Bongino told Fox News that Robinson appeared to have exhibited “multiple warning signs”.
“I believe co-workers stated he had detached himself when the topic of politics came up and walked away,” Bongino said.
Bongino added that “based on statements from family members, friends and some of the messaging we have from the digital footprints left behind that he clearly had some obsession with Charlie Kirk.”
On Sunday, Spencer Cox said that Robinson was not cooperating with investigators. But, the Republican Utah governor said, authorities were gathering information from family members and people close to Robinson.
Cox also said that Robinson had come “from a conservative family” but that “his ideology was different than his family”. Patel echoed Cox on Monday, accusing Robinson of disliking “what Charlie stood for”.
Patel’s remarks on Monday morning revealing new details in the investigation into Kirk’s killing came amid criticism of his handling of the case.
Hours after the killing, Patel had announced on social media that a “subject” was in custody, only to say in another post a few hours later that the individual had been released after questioning and that the shooter was still at large.
Dick Durbin, the Democratic senator of Illinois, called Patel’s premature announcement “amateur hour” and questioned his professionalism. Conservative activist Christopher Rufo questioned Patel’s leadership, saying that it was “time for Republicans to assess whether Kash Patel is the right man to run the FBI”, adding that the agency’s director “performed terribly in the last few days”.
Furthermore, Patel attracted derision after ending a speech at a news conference by saying he would see Kirk one day in “Valhalla”, a heaven of sorts for warriors in Norse mythology.
Patel defended his handling of the investigation Monday.
“I was being transparent,” Patel told Fox News, referring to the social media updates. “The job of the FBI is not just to manhunt the actual suspect, but it’s also to eliminate targets and subjects who are not involved. Could I have worded it a little better? Sure. Do I regret putting it out? Absolutely not.”
He added: “I was telling the world what the FBI was doing as we were doing and I’m continuing to do that.”
A motive for Kirk’s killing remains unclear. But more information on that front could come on Tuesday, when Cox said he was expecting Robinson to be formally charged with the killing.
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