CREW files Hatch Act complaint against Howard Lutnick

Secretary of Commerce Howard Lutnick appears to have violated the Hatch Act during a Fox Business interview in which he urged voters to defeat New York City mayoral candidate Zohran Mamdani while speaking in his official capacity, according to a CREW complaint filed today with the Office of Special Counsel. 

On July 31st, Lutnick appeared on Fox Business in his official capacity as secretary and, standing outside the White House, told Larry Kudlow, “… the people in New York had better get off their butts and get out there and vote and make sure this communist doesn’t run New York City” while talking about Mamdani and the mayoral election.

“This apparent violation of the Hatch Act is part of a larger pattern of Trump administration officials’ indifference to rules and laws meant to ensure that people working in government act ethically,” said CREW Executive Director and Chief Counsel Donald Sherman. “The American people should feel confident that the commerce secretary is looking after their interests rather than misusing his government position for partisan political gain.”

The Hatch Act prohibits any executive branch employee from “us[ing their] official authority or influence for the purpose of interfering with or affecting the result of an election.”

“Top officials, especially Cabinet secretaries like Lutnick, set the standard for the rest of the federal workforce. It’s imperative that OSC investigate his behavior and take any appropriate steps to enforce the law,” said Sherman. 

In Trump’s first term, CREW’s Hatch Act complaints led to OSC finding that a significant number of Trump administration officials had violated the Hatch Act, including former senior counselor Kellyanne Conway, whom OSC recommended be removed from federal service due to her numerous Hatch Act violations. CREW also brought a complaint against Biden administration official Jen Psaki, resulting in OSC finding that she violated the Hatch Act.

Header photo by World Economic Forum under a Creative Commons license.