Concerns have been raised since Fudge, who was a U.S. congresswoman from Ohio before entering the Biden administration, told a reporter that she believed two Democrats would do great if they were to substitute leaving Ohio Sen. Rob Portman in the 2022 cycle.
"I have two friends that are thinking about it," she said at the podium in response to a question from a reporter. "Tim Ryan, of course, is thinking about it. I understand Nan Whaley is thinking about it. 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."
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Fudge visited the Thursday briefing to review the American Rescue Plan relief package and its plans on homelessness. She pointed to Ryan, who is a U.S. congressman, and Whaley, who is the mayor of Dayton.
Members of the executive branch, under the Hatch Act, are limited from engaging in partisan political activity while working in their official capacity. Only the director and vice president are excluded.
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"When I was discussing getting relief to the American People and the American Rescue Plan from the briefing room on Thursday, I answered a question from a reporter related to Ohio politics," Fudge said in a statement shared with the Washington Examiner. "I acknowledge that I should have stuck with my first instinct and not answered the question. I take these things seriously and I want to assure the American people that I am focused on meeting the needs of our country."
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An official at the Office of Special Counsel, which is responsible for Hatch Act investigations, was given anonymity in a discussion with the Washington Post.
"If there is a government employee speaking from the White House briefing room and is there in their official capacity, then they’re prohibited from engaging in political activity while they’re speaking," the official said.
"It is entering a dangerous territory when an official starts talking about a specific race and about which party can win and about their own party," Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, told the outlet. "That’s the kind of thing that administration officials should be very careful about."
He added, "Our strong preference and the right thing to do is to avoid it entirely."
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