“Therefore, her statements advocating for the defeat of Doug Jones and the election of Roy Moore constituted political activity under the Hatch Act.”

Walter Schaub, former director of the Office of Government Ethics, filed a complaint about Conway with the Office of the Special Counsel in December after the Fox News interview, in which she jabbed Jones from the White House lawn. The report said that in her two TV interviews, "Conway appeared in her official capacity" and in one case "advocated against one Senate candidate and gave an implied endorsement of another candidate." The agency said Conway “impermissibly mixed official government business with political views about candidates in the Alabama special election.”

One of the two interviews was on CNN’s “New Day,” and the second was on Fox News’ “Fox & Friends.”

In a letter to President Donald Trump, Kerner said he is referring her violations for the President’s “consideration of appropriate disciplinary action.”

In a statement, White House deputy press secretary Hogan Gidley said Conway was expressing the President’s position for lawmakers who support the administration’s agenda. White House spokesman Hogan Gidley said in response to the report: "Kellyanne Conway did not advocate for or against the election of any particular candidate. “She simply expressed the President’s obvious position that he have people in the House and Senate who support his agenda.”

“In fact, Kellyanne’s statements actually show her intention and desire to comply with the Hatch Act – as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican,” Gidley added. In fact, Kellyanne’s statements actually show her intention and desire to comply with the Hatch Act — as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican.”

The announcement makes Conway the latest high-profile member of Trump’s team to face official criticism over violating the Hatch Act, a 1939 law prohibiting federal employees from using their official government capacity for partisan ends. "[T]he only endorsement that's mattered in the Alabama race … is the president's, because after he came out against Doug Jones -- and none of you seem to want to say those nine letters -- Doug Jones -- that God forbid people find out who he is and who he would be in the Senate, so the president had to go out and do it for you," Conway said. In the Fox and Friends interview, she attacked Jones as “weak on crime, weak on borders” and “strong on raising your taxes.”

“He’s terrible for property owners,” Conway said on air. Conway went on to tell Cuomo that Jones is “out of step for Alabama voters, according to the President,” and that Trump “doesn’t want a liberal Democrat representing Alabama in the United States Senate.”

The Office of Special Counsel is unrelated to the investigation by special counsel Robert Mueller, and is an independent agency with purview of the Hatch Act. The White House defended Conway at the time and said, “Upon completion of our inquiry, we concluded that Ms. Conway acted inadvertently and is highly unlikely to do so again.”

The Office of Government Ethics — then led by Walter Shaub who has since stepped down and joined the Campaign Legal Center as well as become a CNN contributor — said Conway’s statements were inappropriate and called on the White House to take disciplinary action.
The U.S. Office of Special Counsel says that Kellyanne Conway violated the Hatch Act of 1939 during two 2017 television interviews.