The U.S. Office of Special Counsel (OSC) has filed a Hatch Act complaint with the U.S. Merit Systems Protection Board (MSPB) against Neera Tanden, the White House Domestic Policy Advisor, for soliciting political contributions on social media. All federal employees—including White House commissioned officers—are at all times prohibited from soliciting political contributions for partisan political candidates.
“Congress created a rule banning all federal employees from fundraising for political candidates," said Special Counsel Hampton Dellinger. “The Hatch Act contains no escape hatch for White House officials. Back in May, I made clear my office would enforce the law as written."
In its complaint, OSC alleges how Ms. Tanden violated the law, including how on August 29, 2024, OSC first became aware of Ms. Tanden's post from the day prior soliciting political contributions for political candidates running for the U.S. House of Representatives. On August 30, OSC attorneys conveyed that Ms. Tanden's post violated the Hatch Act, and she promptly removed the post from her X account. However, less than one week later, Tanden again solicited political contributions and continued to do so throughout September.
On September 26, OSC sent Ms. Tanden written questions related to the investigation. OSC invited Ms. Tanden to call and discuss the matter if she wished to do so. Ms. Tanden did not contact OSC, but the Office of White House Counsel responded in writing and acknowledged that she made the posts at issue.
Special Counsel Dellinger added: “My office is asking the Merit Systems Protection Board to hold Ms. Tanden accountable just as we have in instances of similar violations by federal employees who do not work in the White House."
On September 5, 2024, OSC announced several Hatch Act enforcement decisions including settlements where multiple federal employees accepted disciplinary action for soliciting political contributions on social media. Special Counsel Dellinger noted at the time that while OSC deals with some close calls in its Hatch Act enforcement, federal employees soliciting donations for a political campaign is a clear-cut violation.
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