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Hatch Act Allegations Against White House Official Neera Tanden
The Office of Special Counsel (OSC) has filed a complaint asserting that Neera Tanden, a senior official in the White House, breached the Hatch Act by utilizing social media to solicit donations for political candidates. This act is designed to limit the political activities of federal employees, and the complaint raises significant concerns over compliance with its regulations.
Special Counsel Hampton Dellinger emphasized the importance of adhering to the Hatch Act, stating, “Congress established a prohibition that prevents all federal employees from fundraising for political candidates. The law applies unequivocally to White House officials. My office will enforce these regulations as intended.”
In a shift in enforcement policy announced in May, OSC will now refer violations like these to the Merit Systems Protection Board (MSPB) instead of the president. This change follows the MSPB regaining a quorum in 2022, enabling it to adjudicate such matters.
As of now, MSPB officials have not commented on the current allegations or the timeframe for the resolution of the case.
Though Tanden is expected to exit federal service by January 20, 2025, she may still face disciplinary actions. OSC spokesperson Zachary Kurz noted, “Even if a federal employee leaves service following a Hatch Act complaint, they can still be subject to appropriate disciplinary measures through the Board.”
The range of penalties outlined under the Hatch Act includes the possibility of removal from the position, being banned from federal employment for up to five years, or incurring civil fines as high as $1,000.
The complaint details Tanden’s activity on X (formerly Twitter), indicating that she reposted fundraising messages for Democratic candidates in late July and August. After being made aware of her potential violation on August 28, Tanden reportedly removed the post but continued to engage in similar actions, reposting or posting fundraising calls on four separate occasions in September.
Although OSC reached out to Tanden for clarification and an opportunity to discuss the inquiry, she has not responded to these inquiries. However, the White House Counsel’s Office has confirmed in writing that Tanden did make the posts in question.
The White House has not provided any immediate commentary regarding the situation.
In a prior instance this September, OSC disclosed that two federal employees faced unpaid suspensions for promoting donations to political candidates via Facebook, further underscoring the agency’s commitment to enforcing the Hatch Act.
“I am requesting the Merit Systems Protection Board to hold Ms. Tanden accountable, similar to our actions against other federal employees who committed comparable violations,” Dellinger remarked.
Tanden’s case is not an isolated one within the Biden administration. Earlier in the year, Navy Secretary Carlos Del Toro was also found to have violated the Hatch Act by making statements that endorsed President Joe Biden’s re-election while criticizing former President Donald Trump during an official trip.
The Hatch Act has been a contentious topic in recent years, notably during the Trump administration when former Special Counsel Henry J. Kerner recommended the dismissal of Kellyanne Conway for her repeated violations by disparaging political opponents in her official capacity. However, then-President Trump opted not to act on that recommendation.
At the beginning of his administration, President Biden nominated Tanden for the position of director of the Office of Management and Budget, but she withdrew her nomination amid resistance from some senators who cited her previous critical remarks about lawmakers on social media.
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