Hatch Act complaint filed against Carr, Burgum and Lutnick

Democracy Defenders Fund and Reporters Without Borders filed a Hatch Act complaint against three Trump administration officials for campaigning in Alaska with Sen. Dan Sullivan (R-Alaska) earlier this month.

The complaint asks the U.S. Office of Special Counsel to investigate appearances and brief remarks delivered at Sullivan’s rally by Federal Communication Commission (FCC) Chair Brendan Carr, Interior Secretary Doug Burgum and Commerce Secretary Howard Lutnick that allegedly violated the Hatch Act.

The Hatch Act bans federal employees from taking part in political activities while on duty or on federal property.

“Although FCC Chairman Carr explained that he was speaking in a personal capacity, his short remarks were focused on past and pending work of the FCC,” the complaint read. “At no point did either Secretary [Burgum or Lutnick] … remark that they were speaking in their personal capacity.”

The complaint also alleges President Trump introduced Burgum and Lutnick by their official titles. Since they failed to “correct the impression that each was speaking officially,” they “appear to have used their official positions while engaged in political activity,” which is in direct violation of the Hatch Act.

The complaint noted that the FCC has an upcoming vote on an Alaskan broadband deal, which Carr discussed the day after the rally, writing on social platform X, “I look forward to working with @SenDanSullivan to get the job done.”

While Trump unveiled a $4.4 billion investment into an Alaskan pipeline project from Taiwan at the rally, he credited Sullivan during the rally for helping him “get this done.”

“In referring to their official work, these agency heads leaned on their official roles to support their political activity,” the complaint continued.

Clayton Weimers, the executive director of Reporters Without Borders North America, stated in a press release that Carr, particularly, had “annihilated any sense of independence the FCC once had.”

The U.S. Office of Special Counsel stated on its website that penalties for Hatch Act violations included removal from federal service, debarment from federal employment for a period not to exceed five years, suspension, reprimand or a maximum civil penalty of $1,000.

The FCC, Department of Interior and Commerce Department did not respond immediately to The Hill’s request for comment.

The U.S. Office of Special Counsel confirmed it received the complaint but declined to comment further.