Housing and Urban Development Secretary Marcia Fudge may have violated the Hatch Act in her Thursday remarks at a White House press briefing.
Concerns have been raised since Fudge, who was a U.S. congresswoman from Ohio before joining the Biden administration, told a reporter that she thought two Democrats would do well if they were to replace retiring Ohio Sen. Rob Portman in the 2022 cycle.
“I have two friends that are thinking about it,” she said at the podium in response to a question from a reporter. “Tim Ryan, of course, is thinking about it. I understand Nan Whaley is thinking about it. I mean, I think we’re going to put a good person in that race no matter who we choose, but they’re both friends. I think we have a good shot at it. I know people have written off Ohio. I haven’t written off Ohio. I believe we can win the Senate race.”
SENATE CONFIRMS MARCIA FUDGE AS HOUSING SECRETARY, SHRINKING HOUSE MAJORITY
Fudge attended the Thursday briefing to discuss the American Rescue Plan relief package and its provisions on homelessness. She referred to Ryan, who is a U.S. congressman, and Whaley, who is the mayor of Dayton.
Members of the executive branch, under the Hatch Act, are restricted from engaging in partisan political activity while acting in their official capacity. Only the president and vice president are exempted.
“When I was discussing getting relief to the American People and the American Rescue Plan from the briefing room on Thursday, I answered a question from a reporter related to Ohio politics,” Fudge said in a statement shared with the Washington Examiner. “I acknowledge that I should have stuck with my first instinct and not answered the question. I take these things seriously and I want to assure the American people that I am focused on meeting the needs of our country.”
The Department of Housing and Urban Development, the White House, and the Office of Special Counsel did not immediately respond to the Washington Examiner’s requests for comment.
An official at the Office of Special Counsel, which is responsible for Hatch Act investigations, was granted anonymity in a conversation with the Washington Post.
“If there is a government employee speaking from the White House briefing room and is there in their official capacity, then they’re prohibited from engaging in political activity while they’re speaking,” the official said.
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“It is entering a dangerous territory when an official starts talking about a specific race and about which party can win and about their own party,” Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, told the outlet. “That’s the kind of thing that administration officials should be very careful about.”
He added, “Our strong preference and the right thing to do is to avoid it entirely.”
