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Housing Secretary Marcia Fudge has Hatch Act complaint filed against her

The complaint was filed by Americans for Public Trust following remarks Fudge made supporting possible U.S. Senate candidates from Ohio at the White House last week.

WASHINGTON — Editor's Note: The above video aired on March 19, 2021

On the heels of remarks made in the White House Briefing Room in support of potential Senate candidates from Ohio, a Hatch Act complaint has been filed against Housing Secretary Marcia Fudge.

The complaint, first reported by Axios, was filed by the conservative group Americans for Public Trust. 

During her first public appearance at the White House as Secretary of Housing and Urban Development last week, Fudge answered questions about the American Rescue Plan relief package and how it can help aid the homeless. 

During her time at the podium, Fudge would not answer a question about who she would endorse in the race to fill her former seat representing Ohio's 11th Congressional District when the special election is held later this year. However, she did choose to answer a question about who may replace retiring U.S. Senator Rob Portman in next year's election.

“I have two friends that are thinking about it,” Fudge told reporters. “Tim Ryan of course is thinking about. I understand Nan Whaley is thinking about. 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.”

RELATED: Report: HUD Secretary Marcia Fudge may have committed ethics violation by praising possible U.S. Senate candidates at White House

The Hatch Act prohibits officials from the executive branch from engaging in political campaigns and related activities in an official capacity. Fudge's possible Hatch Act violation was first reported by The Washington Post

One day after her remarks, Fudge told The Washington Post, "I acknowledge that I should have stuck with my first instinct and not answered the question."

In a letter to the Office of Special Counsel (OSC), which oversees federal employees, Americans for Public Trust wrote, "Given the highly partisan nature of the American Relief Bill, this was an opportunity for Secretary Fudge to demonstrate to the American people that all individuals are respected, regardless of political leanings. Instead, Secretary Fudge used her first public appearance to express support for her political party’s chances in an upcoming Senate race. The American people are entitled to trust in their government, knowing that political opining has no place during the performance of official business duties. Therefore, we respectfully urge OSC to investigate this matter and any potential violations of the Hatch Act and standards of government employees." 

You can read the full complaint letter below:

The Hatch Act became notable during the presidency of Donald Trump as more than a dozen members of his administration were found to have been in violation. As Axios points out, in 2019, the OSC ruled that White House counselor Kellyanne Conway violated the Hatch Act, calling her a "repeat offender" and demanding that she be fired.

"As a highly visible member of the Administration, Ms. Conway's violations, if left unpunished, send a message to all federal employees that they need not abide by the Hatch Act's restrictions," the OSC wrote.

President Trump did not take any disciplinary action against Conway.

Editor's Note: The below video aired on March 18, 2021

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