WASHINGTON, D.C. – Today, House Judiciary Committee Chairman Jim Jordan (R-OH) and Ranking Member of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights Mike Lee (R-UT) sent a letter to Federal Trade Commission (FTC) Chair Lina Khan demanding answers regarding potential Hatch Act violations, including the scheduling and funding of Chair Khan's travel to appear at several events with various Democrat congressional candidates.
This concern is significant given Chair Khan's history of ignoring agency ethics advice concerning the appearance of partiality along with her subsequent dishonest testimony on the subject, and the numerous complaints from FTC staff that Chair Khan's mismanagement has made her the bottleneck that has prevented the FTC from successfully protecting consumers and bringing successful cases.
Excerpts of the letter to Chair Khan:
"As the Chairman of the House Committee on the Judiciary and Ranking Member of the Senate Committee on the Judiciary's Subcommittee on Competition Policy, Antitrust, and Consumer Rights, we are conducting oversight of the Federal Trade Commission (FTC). Recent reporting alleges that you toured the country to appear at several events with various Democrat congressional candidates during the election season. Your campaign-style tour raises the perception—at a minimum—that you violated ethical standards to advocate for the election of partisan political candidates. We expect your cooperation with our inquiry.
"Federal law and FTC ethics rules prohibit you from participating in political events, and from using appropriated funds for any political activity. To guard against abuse by agency officials, the Hatch Act and other government ethics rules create requirements for government employees, and impose limits on how government employees may participate in political activities. The FTC's Office of General Counsel's guidance specifies that FTC employees are prohibited from 'us[ing] official authority. . . while engaged in political activity' or 'engag[ing] in political activity while on duty, in the workplace, wearing a uniform or official insignia, or in a government vehicle.' The Hatch Act not only prohibits such political activity, but the FTC's Office of General Counsel has explained that FTC employees are held to a higher standard, explaining that that FTC '[e]mployees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in [the FTC's ethics guidance].'
"According to recent reports, you appeared at a series of events in Texas, Illinois, Wisconsin and Arizona with several candidates for elected office. Media accounts described your tour as a 'campaign gauntlet' with the timing of your events 'so near the election . . . hard to ignore.' These campaign-style events create the appearance that you are using your official position to advocate for the election of certain Democrat candidates.
"This concern is particularly significant given your history of ignoring agency ethics advice concerning the appearance of partiality along with your subsequent dishonest testimony on the subject, and the numerous complaints from FTC staff that your mismanagement has made you the bottleneck that has prevented the FTC from successfully protecting consumers and bringing successful cases. To advance Congressional oversight and to inform potential legislative remedies with respect to your obligations under the Hatch Act and government ethics rules, we require additional information about your use of FTC resources and involvement in events with political candidates."
Read the full letter to FTC Chair Lina Khan here.
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