Neera Tanden Accused of Violating Hatch Act by Soliciting Political Contributions

White House domestic policy chief Neera Tanden repeatedly violated the Hatch Act by soliciting political contributions on social media in the months before the election, according to a complaint from the Office of Special Counsel (OSC). The Indian American, who serves as the Domestic Policy Advisor to President Biden, “knowingly solicited political contributions by posting or reposting requests for financial contributions to the campaigns of candidates for partisan political office,” says the Nov. 7 complaint.

The U.S. Office of Special Counsel is an independent federal agency that investigates and pursues violations of the Hatch Act, as well as whistleblower laws. The Hatch Act prohibits federal government employees from engaging in campaign activity in their official capacity.

Tanden sought donations to various Democratic candidates on social media — even after she was warned that doing so broke the law. In July, she reposted on her X account a post from Vice President Harris’ campaign that asked for donations and included a link to her campaign website. In August, she also reposted on X a post from a campaign official asking for donations to Harris and then reposted on X a post asking for contributions to House candidates. After the agency notified the White House in late August, Tanden deleted one of them, it said in its complaint 

But shortly afterward, she began reposting similar solicitations, beginning with one in September that included a video of actor Michael Keaton asking viewers to donate to Pennsylvania Sen. Bob Casey’s reelection campaign.

Meanwhile, the OSC complaint outlined that certain senior White House employees, including Tanden, are exempt from some of the Hatch Act’s prohibitions but 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.”

Tanden’s attorney, Michael Bromwich of Steptoe LLP, told The Hill on Nov. 8 that the process from the OSC seemed rushed and that the OSC never requested an interview with her. He told Politico that after learning about the allegations, he offered to have Tanden sit for an interview. But the agency said it planned to announce the complaint regardless.

Penalties for violating the Hatch Act include a suspension, reprimand, or civil penalty of up to $1,000. In egregious cases, federal employees can be demoted, fired or barred from federal employment for up to five years.

Tanden is expected to resign before President-elect Donald Trump is sworn in in January, and Politico noted that she “appears unlikely to be employed in the federal government anytime soon, given her Democratic ties.” 

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A long-time friend and former adviser to Hillary Clinton, she is one of the most influential Indian American politicians in Washington, D.C. She has previously served in both the Obama and Bill Clinton administrations, as well as on Democratic presidential campaigns. She was one of the principals who drafted the Affordable Care Bill under the Obama administration.

In early 2021, Tanden, who would have been the first woman of color to lead the Office of Management and Budget (OMB), withdrew her nomination, amid bipartisan criticism. She faced scrutiny over mean tweets she had written about Republicans and progressive Democrats alike in her previous role heading the Center for American Progress. Members of the committee highlighted her past history with Vermont Senator Bernie Sanders and referred to some of her tweets, especially during the 2016 election season when Sanders ran against Hillary Clinton in the Democratic primary.

At a Senate Homeland Security Committee hearing on Feb. 10, 2021, during Tanden’s confirmation process, Sanders referred her tweets slamming him. “Your attacks were not just made against Republicans,” he said. “There were vicious attacks made against progressives. People I have worked with.” Acknowledging that lawmakers are used to such criticism, Sanders said “it’s important” to refrain from personal attacks and instead express “differences on policy.”

Replying to Sanders, Tanden said: “My language and my expressions on social media caused hurt to people, and I feel badly about that. And I really regret it and I recognize that it’s really important for me to demonstrate that I can work with others.” Talking about her tweets, Tanden said: “Social media does lead to too many personal comments, and my approach [at OMB] would be radically different.”