Special Counsel Accuses Top Biden Administration Adviser of Repeatedly Violating Federal Law

A White House adviser stomped all over the Hatch Act by soliciting donations for Democratic Party candidates in this year’s elections, according to the Office of Special Counsel.

Neera Tanden has served in the Biden White House as the outgoing president’s domestic policy chief, according to The Hill.

“Congress created a rule banning all federal employees from fundraising for political candidates,” Special Counsel Hampton Dellinger said in a news release. “The Hatch Act contains no escape hatch for White House officials.”

“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,” Dellinger said.

The Hatch Act bans partisan political activity from most Executive Branch federal employees.

Although there are exceptions, the complaint from the Office of Special Counsel wrote that  “all employees—including senior White House employees—are at all times prohibited from soliciting political contributions to political parties or candidates for partisan political office.”

The complaint said Tanden was told she violated the Hatch Act once, but kept doing it.

“Tanden made unlawful solicitations after being notified by OSC that some of her earlier solicitation posts were in violation of the law,” the complaint said.

The complaint said that Tanden used her account on X several times to solicit donations.

Tanden made her first request for donations on July 28, followed by ones on August 3 and August 28.

The complaint also cited posts from Sept. 5, Sept. 17, Sept. 18, Sept. 22, that sought financial support for Democratic Party candidates.

The complaint said that on August 30, attorneys from the Office of Special Counsel notified the White House about Tanden’s Aug. 28 post.

Tanden took down the August 28 post after being told it violated the Hatch Act.

The complaint noted that the four September posts seeking campaign cash for Democrats all followed Tanden being told she can’t do that without violating the Hatch Act.

“Tanden knowingly solicited political contributions by posting or reposting requests for financial contributions to the campaigns of candidates for partisan political office,” the complaint said.

White House Senior Deputy Press Secretary Andrew Bates said no law was broken, according to The Hill.

“The White House and Ms. Tanden take compliance with the Hatch Act seriously. As soon as these retweets — which primarily consisted of non-fundraising content — were brought her to attention, she appropriately deleted them. The White House is reviewing the complaint,” Bates said.

“However, as recently as November 2021, the Office of Special Counsel stated that there are ‘significant constitutional concerns’ with the MSPB disciplining White House commissioned officers, and that it was ‘legally required’ to refer such matters to the President,” he said, referring to the Merit System Protection Board, to which the Office of Special Counsel directed its complaint.

As noted by NPR,  President Joe Biden initially wanted Tanden to lead the Office of Management and Budget, but backed off after senators indicated she would not be confirmed.

With the Biden administration on its way out, Tanden is not likely to face much in the way of punishment. If the Merit System Protection Board agrees with the complaint, Tanden could either get a 30-day suspension or be removed from her job.

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