Hatch Act Violations History: Cabinet Cases in Both Parties, and the Outcomes

As advocacy groups pressed complaints this fall against members of President Trump’s cabinet, the record of past cases offered a consistent pattern. Hatch Act violations history since 2012 includes Office of Special Counsel findings against senior officials in the Obama, Trump and Biden administrations, and as of Oct. 28, 2026, none of those officials had been disciplined. The New York Times noted on Oct. 28 that members of both parties have been “accused and found guilty” over the years.

Where it stands: Through Oct. 28, OSC had published no finding of a violation on this year’s complaints about Trump cabinet members; the Times reported that the agency shut one without further action, the Kentucky filing involving Pete Hegseth, the defense secretary. The White House and agencies say those complaints are politically motivated and that officials followed the law, according to the Times. The 2026 matters are allegations; the cases below are ones in which OSC reached a conclusion.

Each conclusion below is OSC’s. For Senate-confirmed officials, the law routes OSC’s conclusions to the White House rather than to a tribunal, so none of these officials faced a hearing. Their responses are included with each case.

What are the major Hatch Act violation cases in history?

Since 2012, OSC has published findings against senior officials of three administrations, Democratic and Republican. The common thread is the use of an official role, title or event to back or oppose a candidate.

Which Obama officials were found to have violated the Hatch Act?

Two cabinet secretaries. Health and Human Services Secretary Kathleen Sebelius spoke at a Human Rights Campaign gala in Charlotte on February 25, 2012, and urged the audience to reelect President Obama. OSC’s report said she was there in her official capacity. It restated the rule that applies to cabinet members: they may engage in political activity, but “in their personal capacities,” and not at Treasury expense.

Sebelius told OSC that any violation “was technical and minor,” according to The Hill. After her remarks, OSC said, HHS recast the Charlotte visit as campaign business instead of government work, and the DNC covered its cost.

Housing Secretary Julián Castro was next. OSC concluded in July 2016 that he crossed the line in an April 4, 2016 interview by weighing in on the presidential race while appearing officially, even though he said some answers were personal. That interview was with Yahoo News anchor Katie Couric, Government Executive reported, and Castro wrote to OSC acknowledging error. “He owned up to it, and he’s taken the necessary steps to prevent it from happening again,” White House spokesman Josh Earnest said, per The Texas Tribune. He was not punished.

What did OSC find about first-term Trump officials?

The largest single finding came in OSC’s November 2021 report on the 2020 campaign, which concluded that “at least 13 senior Trump administration officials” violated the act “with the administration’s approval.” It found that Secretary of State Mike Pompeo violated the act “in two instances,” his taped Republican National Convention speech from Jerusalem and a department policy change he approved days before it, and noted that the State Department had recommended he consult OSC first, which he “never did.”

The report also concluded that Acting Homeland Security Secretary Chad Wolf violated the act by presiding over a White House naturalization ceremony staged for convention video. Wolf told OSC that before the August 25, 2020 ceremony he “did not know” it would be used at the convention.

Agriculture Secretary Sonny Perdue was handled separately. He gave a speech backing Mr. Trump’s reelection in August 2020 “in his official capacity and on taxpayer-funded travel,” OSC said, and OSC asked him twice to reimburse the Treasury. A USDA political appointee defended his conduct in terms OSC called “legally unsupported,” and OSC said it had no evidence the money was repaid. Kellyanne Conway, the first-term counselor, had already drawn two OSC reports; her case is in our Conway explainer.

Which Biden officials were found to have violated the Hatch Act?

Six senior Biden-era officials drew OSC conclusions, all ending in warnings or reports without discipline.

Housing Secretary Marcia Fudge commented on the Ohio Senate race at a White House briefing in March 2021. OSC concluded she violated the act but closed the case with a warning letter because she “expressed remorse” and received ethics counseling, according to CNN. Press Secretary Jen Psaki received a warning letter later that year over a briefing remark backing Terry McAuliffe in Virginia’s governor race; OSC noted she had publicly accepted responsibility.

Health Secretary Xavier Becerra praised Sen. Alex Padilla’s reelection bid at a Congressional Hispanic Caucus Institute gala on September 15, 2022. OSC sent its report to President Biden. Becerra responded, “I regret this inadvertent violation.”

Press Secretary Karine Jean-Pierre repeatedly used the phrase “MAGA Republicans” in official remarks days before the 2022 midterms. OSC concluded she violated the act and issued a warning. She called the finding “retroactive,” saying she had been “given the green light,” NPR reported.

Navy Secretary Carlos Del Toro was the subject of a September 2024 report over official appearances on January 25, 2024, in which OSC said he advocated for and against presidential candidates. He told OSC he never specifically referenced Mr. Trump; OSC called his “refusal to take responsibility” troubling. Former Social Security Commissioner Martin O’Malley was the subject of an April 2025 report on an October 2024 interview on a morning radio program. He had left office, had reported his comments to agency ethics officials afterward, and, OSC said, did not respond to any of its attempts to reach him.

Why does the Hatch Act violations history show no discipline?

Because for this tier of official, OSC’s role ends with a report. A president decides on discipline for Senate-confirmed appointees, and no president of either party imposed any; the cases ended in OSC warnings, apologies or nothing. Several cases also ended after the official had already left government, as with the 13 Trump officials in 2021 and O’Malley in 2025.

The record is also uneven in kind. Some officials accepted the finding and apologized (Castro, Fudge, Becerra); others disputed it (Jean-Pierre, Del Toro, the Trump White House on Conway). That variety is part of what complainants and the administration are now arguing over in 2026, as covered in our overview of cabinet campaigning this fall and the full complaints tracker.

The most recent finding in this list is the O’Malley report of April 2025. In September 2026, Government Executive reported no apparent OSC findings yet on senior second-term appointees, and none had been made public by Oct. 28, 2026.

Frequently Asked Questions

Has any cabinet secretary been disciplined over a Hatch Act finding?

None of the modern cases reviewed here ended that way. OSC concluded that Sebelius, Castro, Pompeo, Becerra, Del Toro and others violated the act, but none was disciplined; the president decides, and none chose to.

Which Democrats have violated the Hatch Act?

OSC concluded that Kathleen Sebelius and Julián Castro under Obama, and Marcia Fudge, Jen Psaki, Xavier Becerra, Karine Jean-Pierre, Carlos Del Toro and Martin O’Malley under Biden, violated the act. Most received warnings or reports with no discipline.

Which Trump officials violated the Hatch Act?

OSC concluded Kellyanne Conway did in 2018 and 2019, and its 2021 report found at least 13 senior first-term officials, including Mike Pompeo and Chad Wolf, did before the 2020 election.

What happens when OSC finds a senior official violated the Hatch Act?

For Senate-confirmed officials, OSC sends a report to the president, who decides whether to discipline. Rank-and-file employees instead face the Merit Systems Protection Board.

Sources

• Report of Prohibited Political Activity Under the Hatch Act, OSC File No. HA-12-1989 (Kathleen Sebelius) — U.S. Office of Special Counsel, September 2012
• HHS’s Sebelius illegally campaigned for Obama on the job — The Hill, September 12, 2012
• Report of Prohibited Political Activity, OSC File No. HA-16-3113 (Julián Castro) — U.S. Office of Special Counsel, July 18, 2016
• Special Counsel Finds Hatch Act Violations by HUD Chief, Others — Government Executive, July 19, 2016
• Texplainer: Julián Castro’s Hatch Act violation — The Texas Tribune, July 21, 2016
• Investigation of Political Activities by Senior Trump Administration Officials During the 2020 Presidential Election — U.S. Office of Special Counsel, November 9, 2021
• HUD Secretary violated the Hatch Act, Office of Special Counsel concludes — CNN Newsource (via KTVZ), May 14, 2021
• OSC letter, File No. HA-22-000004 (Jen Psaki) — U.S. Office of Special Counsel (letter published by CREW), December 1, 2021
• Report of Prohibited Political Activity, OSC File No. HA-22-000223 (Xavier Becerra) — U.S. Office of Special Counsel, April 18, 2023
• White House press secretary Karine Jean-Pierre violated the Hatch Act, watchdog says — NPR, June 14, 2023
• Report of Prohibited Political Activity, OSC File No. HA-24-000104 (Carlos Del Toro) — U.S. Office of Special Counsel, September 5, 2024
• Report of Prohibited Activity Under the Hatch Act, OSC File No. HA-25-000080 (Martin O’Malley) — U.S. Office of Special Counsel, April 25, 2025
• Hatch Act complaints against Trump officials continue to pile up as investigations go on for nearly a year — Government Executive, September 14, 2026
• Cabinet Officials on the Campaign Trail? Ethics Experts Say Some Are Breaking the Law. — The New York Times, October 28, 2026

This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.