Hatch Act complaint targets Trump officials' remarks at Sullivan rally

Democracy Defenders Fund and Reporters Without Borders asked Special Counsel Charles Baldis on Monday to investigate whether FCC Chairman Brendan Carr, Interior Secretary Doug Burgum and Commerce Secretary Howard Lutnick broke the Hatch Act at Sen. Dan Sullivan's Oct. 13 rally in Wasilla.

The Hatch Act limits political activity by executive branch employees. The complaint argues the three used their official positions to support a candidate by talking about their agencies' work at the rally. Sullivan, a Republican, is the incumbent in the Nov. 3 U.S. Senate race.

Trump introduced Carr by telling the crowd that Carr had "informed me just a little while ago the commission will vote this month to invest an additional $162 million to expand high-speed internet in Alaska," according to an Alaska News transcript of the rally.

"It is fantastic to be back here in Alaska today in my personal capacity," Carr began. He described an earlier trip to Unalaska and said, "We came in with Senator Sullivan, and he has worked hard to turn things around. We have brought hundreds of millions of dollars to the state." He added, "We are committed to working with Senator Sullivan until we can finish the job of getting every single person in Alaska connected to high-speed internet." The complaint says Carr's "we" apparently referred to the administration.

Trump then called up Burgum, saying "Interior," and Lutnick, "Secretary of Commerce." Neither said he was speaking in a personal capacity. Burgum told the crowd that "President Trump is the guy that's going to get that permanent fund to double because of his policies." Lutnick said that "with Dan Sullivan, a couple of weeks ago, we announced that project in the Oval Office," referring to the Alaska LNG pipeline, and described a South Korean commitment to help build it.

The groups cite a 2021 Office of Special Counsel finding that Mike Pompeo, then secretary of state, broke the law's ban on using official authority to affect an election with a convention speech of under four minutes about State Department work, even assuming he spoke in a personal capacity.

On Oct. 14, the day after the rally, the FCC said Carr had circulated an order adding $162 million to the Alaska Connect Fund, which pays phone and internet providers to serve rural and remote Alaska and replaces the older Alaska Plan. The money would go to mobile providers that apply for it to build service in unserved areas. Carr's statement credited "Senator Sullivan's strong leadership." The order is not on the agenda for the FCC's Oct. 29 open meeting.

Some Senate-confirmed officials have more room under the Hatch Act than most federal workers. Federal law lets those who set national policy and whose duties continue outside normal hours take part in political activity that would otherwise be barred on duty, as long as the costs aren't paid with federal money. That exception doesn't cover the separate ban on using official authority to affect an election, which is the rule the complaint cites. It is not clear who paid for the three officials' trip to the rally.

Hatch Act cases are administrative, not criminal. Penalties for most federal employees range from a reprimand or civil fine to removal. If the special counsel brings a complaint against a Senate-confirmed official such as a cabinet secretary or the FCC chairman, federal law sends it to the president "for appropriate action."

Advocacy groups have filed several Hatch Act complaints against Trump administration officials this year, as reported by Government Executive. Last month, the Office of Special Counsel closed more than 1,000 complaints over agency messaging during the 2025 government shutdown without discipline, saying agencies had reasonably relied on its own ambiguous 2024 guidance.

It is not clear whether Baldis' office has opened an investigation into the Wasilla complaint.