OSC must resolve pending Hatch Act complaints
The Office of Special Counsel (OSC) has yet to resolve six of CREW’s complaints against senior Trump-appointed officials for violating the Hatch Act, including 5 investigations which have been pending for more than 10 months. The Hatch Act restricts executive branch employees’ partisan political activities and prohibits them from using their official positions to affect the results of an election.
CREW’s complaint against Commerce Secretary Howard Lutnick has been outstanding for more than a year. Another four investigations have been pending for more than 10 months, relating to partisan comments made by senior Trump appointees including White House Press Secretary Karoline Leavitt, Treasury Secretary Scott Bessent, White House Senior Counselor for Trade and Manufacturing Peter Navarro and former Department of Homeland Security Secretary Kristi Noem. CREW’s complaint against White House Deputy Chief of Staff Stephen Miller has been pending for more than two months. The OSC needs to ensure that this pattern of illegal conduct to influence our elections documented in CREW’s complaints does not continue.
CREW submitted a letter to newly confirmed Special Counsel Charles Baldis to address OSC’s delay in resolving these open investigations, which has coincided with escalating ethics problems from the very same officials subject to these complaints. Since CREW’s complaint against Miller, he has committed additional Hatch Act violations without any apparent consequence, despite the fact that OSC has previously recommended disciplinary action for egregious repeat offenders like first-term Trump administration officials Kellyanne Conway and Lynne Patton. Meanwhile, Secretary Noem has been fired from her role in a DHS corruption scandal and reappointed to a less prominent role. And Navarro has faced calls for investigation into his conduct following allegations that he pressured Department of Defense officials to award $620 million in taxpayer funds to a company tied to a venture capital firm where Donald Trump, Jr. is a partner.
In addition, other prominent administration officials continue to appear to violate the Hatch Act. Earlier this month, DHS Secretary Markwayne Mullin appeared in a television interview on Fox News where he made partisan remarks attacking the Democratic party in a segment about the midterm elections.
Ethical compliance cannot thrive in the federal government if the most politically powerful officials are allowed to skirt the law. OSC must promptly resolve these Hatch Act complaints to ensure that these abuses do not persist ahead of November’s national elections and beyond.