CREW files Hatch Act complaint against Stephen Miller

White House Deputy Chief of Staff for Policy Stephen Miller violated the Hatch Act when he attacked a United States Senate candidate in his official capacity, according to a complaint filed today with the Office of Special Counsel by Citizens for Responsibility and Ethics in Washington. 

On May 28, 2026, Miller appeared on Fox News where he was identified as both Deputy Chief of Staff for Policy and Homeland Security Adviser. After a conversation about the Trump administration’s war in Iran, host Jesse Watters segued into a joke about James Talarico’s nomination by the Democratic Party in the US Senate race in Texas. Miller responded with partisan comments regarding Talarico’s candidacy, saying, “I think it is very bold, one could even say brave that the Democratic Party would choose Texas of all places to nominate their first transgender senate candidate who is clearly transitioning to female.” He added, “When Talarico goes in for a blood test when he gets a physical, blood doesn’t come out. Instead, soy milk comes out. This man has less testosterone than [Democratic primary opponent Jasmine] Crockett.” Miller closed his remarks by saying, “At the end of the day, I have a hard time believing that the people of Texas … are gonna choose somebody with that much soy to be a U.S. Senator compared to a real conservative patriotic, god-fearing and truly beloved state-wide figure in Ken Paxton.”

“As a senior White House staffer, Stephen Miller’s job is to serve the public, not campaign for his preferred candidate,” said CREW President Donald K. Sherman. “The Hatch Act is clear that executive branch officials cannot exploit their government positions for partisan political gain. Miller’s partisan and bigoted comments, delivered in his official capacity, clearly violate the law.”

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.” In Trump’s second term, CREW has already filed a Hatch Act complaint against Commerce Secretary Howard Lutnick. During President Biden’s term, CREW also brought a complaint against Biden administration official Jen Psaki, resulting in OSC finding that she violated the Hatch Act. 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 Miller. OSC even recommended that former senior counselor Kellyanne Conway be removed from federal service due to her multiple Hatch Act violations.

“Miller’s flagrant violation of the Hatch Act and his disturbing comments are emblematic of the Trump administration’s core vices: corruption, bigotry and election interference,” said Sherman. “This conduct threatens our democracy on a daily basis, and Miller’s violation cannot go unanswered. OSC must investigate.”