CREW is demanding accountability for the Trump admin’s Hatch Act violations

 CREW is demanding accountability for the Trump admin’s Hatch Act violations


  • CREW Legal Team 
    From:info@citizensforethics.org

    To:Mark M Giese
    Mon, Nov 2 at 3:17 PM
    Citizens for Ethics & Responsibility in Washington



    Mark,

    In the lead-up to the midterms, the Trump administration is undertaking an anti-democratic effort to use the authority of the executive branch to illegally engage in politics and tip the scales for preferred states and candidates, in violation of the Hatch Act.

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

    This means that federal employees must refrain from certain political behaviors, including using their official title or position while engaged in political activity, fundraising for a political party or candidate and even using their official social media accounts to post political messages.

    The Trump administration has blatantly disregarded this law.

    In the weeks leading up to the 2026 midterm elections, administration officials have posted on social media in support of candidates, spoken at rallies while blurring the lines with their official duties and appeared on news programs attacking candidates for office.

    Official government accounts, including law enforcement agencies like the FBI, have also posted videos attacking candidates for office. Perhaps most blatantly, DHS issued a press release attacking a Pennsylvania congressional candidate by name.

    This spate of egregious violations is unprecedented—and CREW is demanding accountability.


    Here are just some recent violations that CREW filed complaints about with the Office of Special Counsel:

    On September 14, 2026, 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.

    On October 6, 2026, 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. This included Michigan Senate candidate Abdul El-Sayed and identified 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.

    On October 8, 2026, 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.

    On October 9, 2026, 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.

    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.

    On October 23, 2026, CREW filed a complaint about Secretary of the Treasury Scott Bessent’s remarks at a GOP campaign rally President Trump held in South Carolina.

    He 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. His remarks also compared the policies and actions of the Trump administration with those of the Biden administration and current Democrats, including while referencing his role.

    This is just the tip of the iceberg when it comes to the Trump administration’s Hatch Act violations.

    Let’s be clear, Mark: We do not have an ethical government if the most powerful officials are allowed to ignore the law. That’s why CREW is demanding accountability.

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