Top Republicans Accuse FTC Chair Lina Khan of Hatch Act Violations Over ‘Campaign-Style’ Events
Prominent Republican lawmakers are raising concerns that Federal Trade Commission (FTC) Chair Lina Khan may have violated the Hatch Act by participating in events with Democratic politicians ahead of the November elections.
House Judiciary Committee Chairman Jim Jordan (R-Ohio) and Senator Mike Lee (R-Utah), ranking member of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, have sent a letter to Khan, accusing her of engaging in partisan political activity in her official capacity, which is prohibited under federal law.
The Hatch Act restricts federal employees from using their official roles to influence elections, and Jordan and Lee argue that Khan’s appearances at several recent events create the impression that she is advocating for Democratic candidates. Specifically, they cited her participation in events in key swing states such as Texas, Illinois, Wisconsin, and Arizona, alongside Democratic lawmakers, during a critical period leading up to the midterm elections.
Allegations of Partisan Activity
The Republican lawmakers claim that Khan’s recent public appearances, including a discussion on worker rights with Senator Bernie Sanders (I-Vt.) and Representative Greg Casar (D-Texas) and a “fireside chat” with Representative Raja Krishnamoorthi (D-Ill.), raise concerns about potential political bias. They argue that while these events were billed as official business, the timing and the involvement of Democratic candidates make it difficult to ignore their political undertones. One event in Phoenix, Arizona, where Khan appeared alongside Representative Ruben Gallego, a candidate in one of the most competitive Senate races, further fueled Republican suspicions. Although presented as a “Renters Listening Session,” Jordan and Lee argue that such events give the appearance of campaign support.
“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,’” the letter stated. Jordan and Lee contend that these appearances create an impression that Khan is using her official position to advocate for the election of Democratic candidates.
Republican Criticism of Khan’s Leadership
Lina Khan, a frequent target of congressional Republicans, has been criticized for her aggressive stance on antitrust enforcement, particularly against Big Tech, health care, and grocery industries. Jordan has accused her of “harassment” in her actions against companies like X (formerly Twitter), owned by Elon Musk. Republicans argue that Khan’s use of the FTC to challenge major business mergers and consolidation in various industries is overreaching and politically motivated.
The lawmakers’ letter also points to broader concerns about Khan’s leadership at the FTC, accusing her of disregarding agency ethics advice and fostering mismanagement that has hindered the agency’s ability to protect consumers effectively. “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,” they wrote.
Inquiry and Document Requests
As part of their inquiry, Jordan and Lee have requested that Khan provide detailed documentation on her scheduling and travel for the recent events, as well as any guidance she received from the FTC’s ethics office regarding participation in public events with political candidates. They also asked for information on the funding for these trips and communications related to her attendance at these gatherings. The lawmakers set a deadline of November 4—just one day before the midterm elections—for Khan to produce these materials.
Despite these allegations, the FTC has remained largely silent on the matter. FTC spokeswoman Juliana Gruenwald Henderson stated that the agency had received the letter but declined to comment further.
Implications for the FTC and the Hatch Act
This inquiry into Khan’s actions underscores the broader tensions between the FTC and Republican lawmakers, many of whom have voiced opposition to Khan’s regulatory approach since she assumed her role under the Biden administration. While Khan has garnered strong support from the progressive wing of the Democratic Party for her efforts to rein in large corporations and combat anticompetitive practices, her tactics have faced sharp criticism from business interests and conservative politicians.
The Hatch Act is a critical tool in maintaining the nonpartisan nature of the federal government, and any violations could carry significant consequences. If Jordan and Lee’s accusations are proven, Khan could face disciplinary actions, although proving Hatch Act violations requires demonstrating that her actions explicitly supported or opposed a political candidate.
With less than two months until the November elections, Khan’s involvement in high-profile public events alongside Democratic candidates is drawing increased scrutiny. The outcome of this inquiry could have implications not only for Khan’s future at the FTC but also for the agency’s perceived independence and role in regulating key industries.