Neera Tanden, an advisor to President Joe Biden, is facing disciplinary action for allegedly violating the law that prohibits solicitations for partisan political candidates, according to the U.S. Office of Special Counsel (OSC).
The OSC announced the complaint on Nov. 7, citing recent social media posts by Tanden on platform X promoting donations to Vice President Kamala Harris’s presidential campaign and several Democratic congressional candidates. The agency’s complaint states that Tanden violated the Hatch Act, which prohibits federal employees from fundraising for 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.”
The White House has not responded to requests for comment, but according to Politico, spokesperson Andrew Bates stated that Tanden takes compliance with the Hatch Act seriously.
Tanden previously served as White House staff secretary before being promoted to her current position as a domestic policy advisor. She withdrew her nomination to lead the Office of Management and Budget amid scrutiny over other social media posts.
The OSC’s complaint, filed on Nov. 6, informed the White House Counsel’s Office that Tanden had violated the Hatch Act by promoting candidates for the U.S. House of Representatives. Despite being notified of the violation, Tanden continued to post solicitations for political contributions.
The OSC has requested disciplinary action against Tanden, including potential removal, suspension, monetary fines, or reprimand. However, Bates cited a 2021 report that raises constitutional concerns with disciplining individuals appointed by the president directly.
In cases involving presidential appointees, the OSC must report its findings to the president for appropriate action. This was the approach taken in previous cases, such as Kellyanne Conway’s alleged Hatch Act violations during the Trump administration.
The OSC also reported submitting a report to Biden regarding an alleged Hatch Act violation by Secretary of the Navy Carlos Del Toro. Settlement agreements with other federal employees involved unpaid suspensions for similar violations.
“While OSC deals with some close calls in its Hatch Act enforcement, federal employees soliciting donations for a political campaign is express advocacy and a clear-cut violation,” Dellinger emphasized. “We urge federal employees not to cross these brightest of lines.”
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