Biden’s Social Security head ran afoul of the Hatch Act, watchdog agency says

The Office of Special Counsel on May 16 announced findings that former Social Security Commissioner Martin O’Malley violated the Hatch Act, which limits federal employees’ political activity. 

Specifically, OSC, which enforces the law, pointed to an Oct. 23, 2024, local radio interview about SSA during which O’Malley said: “I certainly can’t tell anybody who to vote for, but I can tell you that the proposals that are coming from Donald Trump would quickly deplete Social Security and we wouldn’t be able to pass it on to our kids as our grandparents passed it on to us.”

While federal employees are allowed to support political campaigns, they can’t do so in their official capacity.

“The only plausible conclusion to draw from Mr. O’Malley’s comments is that, while speaking in his capacity as SSA Commissioner, he explicitly told listeners that they must vote against President Trump to satisfy their responsibility to preserve Social Security,” according to OSC’s report. 

Because O’Malley is no longer in government, the agency said that it would not take any disciplinary action. 

In April, OSC said that it would “refrain from filing any new complaints against former employees” due to legal questions arising from an ongoing case against an individual who left federal service before a Hatch Act complaint was filed against them. 

Hatch Act penalties can include removal, being barred from federal employment for up to five years or a civil penalty of up to $1,000. 

Officials said that a Hatch Act complaint was filed against O’Malley on the day of the interview in question and that he informed SSA ethics officials that he may have inadvertently violated the law’s ethics rules.

OSC reported, however, that O’Malley did not respond to their investigative requests. He served as SSA commissioner beginning Dec. 20, 2023, leaving office on Nov. 29, 2024. 

Government Executive reached out to O’Malley, but he declined to comment. 

OSC’s report is signed by Charles N. Baldis, who is described as a senior counsel and designee of acting Special Counsel Jamieson Greer, who also is Trump’s Senate-confirmed U.S. trade representative. 

Baldis began working at OSC in April after serving as a senior counsel in the Senate, according to LinkedIn. 

After a legal battle, Trump in March fired Special Counsel Hampton Dellinger, who was appointed by former President Joe Biden, before the end of his term. 

Erich Wagner contributed to this report