Government investigators have concluded that Neera Tanden, the domestic policy adviser at the White House, broke the law when she repeatedly used social media to solicit campaign donations for Democrats.
She continued posting even after being issued a warning that her behavior violated the Hatch Act, which restricts political campaigning on government time.
“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.”
Mr. Dellinger’s office is charged with policing the Hatch Act.
He submitted Ms. Tanden’s case to the Merit Systems Protection Board asking it to deliver an “appropriate penalty” for her behavior.
The special counsel’s complaint identified seven social media posts dating to mid-July that included campaign donation solicitations.
Most were reposts of others’ solicitations, but one was Ms. Tanden’s original authorship. They covered the presidential race and congressional contests.
“The absolute best thing you can do to prevent a MAGA sweep is to contribute to the campaigns of frontline House candidates,” read one Aug. 28 solicitation Ms. Tanden reposted.
That one drew her a warning from the special counsel, and she quickly deleted it.
But on Sept. 5, she posted another solicitation for Sen. Bob Casey, Pennsylvania Democrat, and followed up with three more appeals through Sept. 22.
Mr. Dellinger said White House lawyers confirmed that Ms. Tanden made the posts. She declined to answer the special counsel’s written questions.
Andrew Bates, a White House spokesman, said it takes Hatch Act compliance seriously.
“As soon as these retweets — which primarily consisted of nonfundraising content — were brought to her attention, she appropriately deleted them,” he said.
Mr. Bates did question the special counsel’s decision to take the complaint to the Merit Systems Protection Board. In the past, the special counsel’s office has raised questions about whether the board could discipline a commissioned White House officer. In those cases, the special counsel referred cases directly to the president.
That’s what happened when the special counsel dinged Kellyanne Conway, who served as a senior adviser to then-President Donald Trump, with more than 50 violations of campaigning at the White House.
The special counsel at the time recommended Mr. Trump fire Ms. Conway.
He didn’t follow that recommendation.
Mr. Dellinger, who took over as special counsel last year, on Thursday said he believes White House employees can be judged by the board.
“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,” he said.
Before joining Mr. Biden at the White House, Ms. Tanden was president of the Center for American Progress, a liberal think tank.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
Please read our comment policy before commenting.