The Trump administration’s midterms Hatch Act violation rampage

CREW filed a complaint with OSC about Leo Terrell, a senior counsel at the U.S. Department of Justice, posting repeatedly from his government X account advocating for the success or failure of a candidate for partisan office or political party in violation of the Hatch Act.

• Read the X account posts.

CREW filed a complaint with OSC about a congressional campaign fundraising event for the re-election of Rep. Mariannette Miller-Meeks on September 12, 2026 that included remarks by DHS Secretary Markwayne Mullin. Secretary Mullin was introduced by his official title and with reference to his work on the border. During his remarks, Mullin referred to and discussed his official work at DHS regarding immigration and law enforcement. Throughout his remarks he also made partisan comments opposing Democrats and advocating for support of the candidate and Republicans.

• Watch the video.

CREW filed a complaint about FBI Director Kash Patel making comments that violated the Hatch Act during a Fox News segment about official FBI operations including “Operation Summer Heat 2.0” on September 29, 2026.  Patel was introduced in his official capacity, and answered questions set in the context of the coming election without clarifying that he was not appearing to discuss partisan politics and the election. Although Patel’s comments did not expressly state support for an individual candidate or political party, the Hatch Act does not require magic words. His statements in his official capacity can violate the Hatch Act if they reflect partisan support for, or attempt to influence the outcome of, an election. 

• Watch the video.

CREW filed a complaint with OSC about a video posted on the FBI Rapid Response X account that highlighted several candidates running for partisan office, including Michigan Senate candidate Abdul El-Sayed, identifying the individuals by political party labels. After CREW filed the complaint, the FBI deleted the video. 

By portraying candidates for the upcoming election as affiliated with what the video asserts are failed policies and claiming that the current administration’s policies are the effective solutions, the video was an official message that advocated for the failure of candidates for partisan political office in violation of the Hatch Act.

CREW filed a second complaint with OSC about DOJ official Leo Terrell’s persistent and flagrant misconduct.  On September 16, 2026, Terrell posted on his official DOJ X account explicitly advocating for the election of Vivek Ramaswamy, a partisan candidate for Ohio governor, telling his 82,000 followers, “Ohio, elect him in November!” 

• X account post
• Truth Social post

CREW filed a complaint with OSC about a press release sent by DHS after ICE  arrested an individual who had recently been arrested by local police and was reportedly a canvasser for a congressional campaign. The press release, issued less than a month before an election, explicitly named and then included a quote from ICE Deputy Director Charles Wall gratuitously attacking  a Democratic congressional candidate. 

Inclusion of the candidate’s name and an explicit attack on her due to the conduct of a canvasser, mere weeks ahead of an election, appeared to have no other purpose than to cast aspersions on the candidate and constitutes prohibited political activity under the Hatch Act. 

• Read the DHS press release.

CREW filed a complaint about White House Director of Communications Steven Cheung posting on X a caricature of Democratic Senate candidate James Talarico, as part of a repost of   a Truth Social message from President Trump attacking Talarico and endorsing his Senate opponent, Ken Paxton. Although the president is exempt from the Hatch Act, OSC has repeatedly noted that government employees are prohibited from using official resources to endorse or denigrate a political candidate even if they are speaking on behalf of the president, including if they repost or quote the president from their own platform.

This latest post follows a series of similarly illegal partisan posts by Cheung.

• X post
• Additional post
• Additional post

CREW filed a complaint with OSC about an apparent violation of the Hatch Act by White House Deputy Chief for Policy of Staff Stephen Miller in an interview with Sean Hannity, posted to the Fox News website on October 8, 2026, where Miller disparaged the Democratic Party and individual candidates running for office. He also spoke directly to voters, suggesting that voting for the “pro-American Trump agenda” is the “the clearest choice” they would ever have. Miller’s partisan statements were subsequently amplified by the Rapid Response 47 X account, the “Official White House Rapid Response account,” suggesting that other federal employees violated the Act as well. 

• Watch the Hannity interview.

CREW filed a complaint with OSC about an apparent Hatch Act violation by Department of Health and Human Services Secretary Robert F. Kennedy, Jr. In an interview on Fox News, he made comments in his official capacity directed at the success or failure of a partisan candidate for public office. Kennedy’s interview began by discussing HHS business and healthcare and then he chose to substantively engage on a question about the character and fitness of Abdul Al-Sayed’s candidacy for the US Senate. This conduct is similar to prior Hatch Act violations found by OSC including by former HUD Secretary Julian Castro where in an interview in his official capacity, he transitioned from discussion of his official work to offering an opinion about a partisan candidate. 

• Watch the Fox News interview.

CREW filed a second complaint about Department of Homeland Security Secretary Markwayne Mullin regarding his appearance on Fox News’ Ingraham Angle on October 21, 2026, during which he made statements advocating against the election of candidates for partisan office based on their party affiliation in violation of the Hatch Act. Secretary Mullin also made disparaging comments about Michigan Senate candidate Abdul El-Sayed in a separate Fox News interview the day before the October 21 appearance, in which he was introduced with his official title. 

• Fox News video 1
• Fox News video 2

CREW filed a complaint about Secretary of the Treasury Scott Bessent’s remarks at a GOP campaign rally President Trump held in South Carolina, which discussed both his official role in the Trump administration and advocated for the election of Republican candidates, including Senate candidate Darline Graham, in the upcoming midterm elections. Bessent’s remarks throughout the speech compared the policies and actions of the Trump administration with those of the Biden administration and with current Democrats, including while referencing his role. 

• Watch the video.

CREW filed a complaint about Secretary of Agriculture Brooke Rollins speaking at a partisan political event advocating for the success of Republican candidates and the defeat of other candidates in the upcoming midterm elections while using her government title. 

• Watch the video.