Neera Tanden, who serves as the White House domestic policy chief, has come under scrutiny for allegedly violating the Hatch Act by engaging in political campaign activity while in her official role.
The Office of Special Counsel (OSC) filed a complaint against Tanden, accusing her of soliciting political donations despite previous warnings from OSC regarding similar posts she had made.
According to the OSC, Tanden intentionally sought political contributions through social media posts, thereby breaching the law. The complaint highlighted several instances in which Tanden reposted donation requests.
White House official Neera Tanden under investigation for repeatedly reposting political donation requests
In July, she shared a post from Vice President Harris’s campaign urging donations, complete with a link to Harris’s campaign website. In August, she reposted a message from a campaign official soliciting funds for Harris and another post asking for contributions to House candidates.
Later that month, she also posted a request for donations to Senator Bob Casey’s reelection campaign and shared additional fundraising appeals for Democratic candidates.
Upon being notified of the violations, the OSC’s legal team communicated with the White House Counsel’s Office. In response, an attorney informed them that Tanden had been made aware of the issue and had removed one of the offending posts from August.
A statement from Andrew Bates, the White House senior deputy press secretary, explained that the administration is reviewing the OSC’s complaint. Bates referred to a 2021 OSC report that stated violations involving Senate-confirmed presidential appointees are only subject to a report to the president, not disciplinary action by the Office of Special Counsel.
“The White House and Ms. Tanden take Hatch Act compliance seriously,” Bates emphasized. He added that when the retweets, which largely did not involve fundraising, were brought to Tanden’s attention, she promptly deleted them.
Bates also pointed out that the OSC had raised “constitutional concerns” about the MSPB disciplining White House personnel and insisted such matters must be referred to the president.
Michael Bromwich, Tanden’s attorney, expressed concern about the OSC’s approach, suggesting that the process seemed hurried and that the OSC never requested an interview with Tanden.
Bromwich indicated that he had offered several dates for an interview, but the OSC appeared taken aback by this offer and instead opted to issue a press release.
The OSC’s complaint clarified that while some senior White House employees are exempt from certain Hatch Act provisions, all White House staff, including senior officials, are prohibited from soliciting political donations for candidates or political parties involved in partisan campaigns.
Previously, the OSC had also informed the White House that Press Secretary Karine Jean-Pierre and Andrew Bates violated the Hatch Act in December. The violation stemmed from comments they made criticizing “MAGA” Republicans in relation to the GOP’s budget plan earlier in the year.
The Trump administration faced numerous Hatch Act complaints during its tenure, including a case where OSC found White House advisor Kellyanne Conway in violation for repeatedly using social media and television to disparage Democratic presidential candidates.
Additionally, a report released after the Trump administration concluded identified 13 officials who had violated the law by campaigning for Trump during his 2020 reelection bid.
In the Biden administration, several senior officials, including Health and Human Services Secretary Xavier Becerra, former Press Secretary Jen Psaki, former Chief of Staff Ron Klain, and Housing Secretary Marcia Fudge, have all received warnings from the OSC for making comments related to political candidates or elections.
