Housing and Urban Development Secretary Marcia Fudge violated the Hatch Act in March with comments she made at a White House press briefing, the Office of Special Counsel found.
In a letter to Caitlin Sutherland, the executive director for Americans for Public Trust, the office’s Hatch Act Unit chief, Ana Galindo-Marrone, confirmed the determination and said a warning had been issued to Fudge. The letter was in response to a complaint filed by the organization regarding the official’s remarks.
“OSC reviewed a transcript of the event and learned that Secretary Fudge appeared in her official capacity at the briefing and answered press questions about HUD-related topics,” she said, adding, “At the end of her appearance, Secretary Fudge was asked to opine on the election to fill her seat in the U.S. House of Representatives, and she declined to respond. Then Secretary Fudge was asked to discuss the 2022 Ohio election for U.S. Senate.”
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.
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In the appearance at issue, Fudge said, “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.”
Fudge, herself a former congresswoman from Ohio before joining the Biden administration, was speaking about Rep. Ryan and Whaley, the mayor of Dayton, both of whom are Democrats who could try to replace retiring Ohio Sen. Rob Portman in the 2022 cycle.
“By stating, for example, that ‘we have a good shot at it’ and ‘I believe we can win the Senate race,’ Secretary Fudge showed support for the Democratic Party with respect to the Ohio Senate race while speaking in her official capacity,” Galindo-Marrone added. “Accordingly, OSC has concluded that she violated the Hatch Act during her official appearance at the March 18 press briefing. But considering that shortly after the incident Secretary Fudge expressed remorse about her statement and that HUD ethics officials counseled her about the Hatch Act, OSC has closed this matter by issuing her a warning letter.”
Fudge expressed regret for her comments in March.
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“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 Washington Examiner reached out to the OSC for any public comment it might have regarding the letter but did not immediately hear back. The White House and HUD were also contacted.
