Inspector general’s reported plan to run for Congress is a Hatch Act violation, lawmakers and ethics orgs say

Good government nonprofits, congressional Democrats and ethics experts have raised concerns that Anthony D’Esposito, the inspector general for the Labor Department, may have violated the law that limits the political activity of federal employees, as he is apparently preparing for another congressional run. 

“As a senior official tasked with investigating legal compliance at the Department of Labor, an agency mired in ethics scandals right now, it is that much more important that IG D'Esposito act within the law and respect the clear separation between politics and his duties as an executive branch official,” said Donald Sherman, president and CEO of Citizens for Responsibility and Ethics in Washington, in a statement to Government Executive. “This further undermines the public's trust in the Department of Labor and its watchdog, as America’s job growth numbers continue to lag." 

D’Esposito was sworn in as IG on Jan. 5 after facing questions throughout the confirmation process about his ability to provide independent oversight of the Labor Department, considering he is a former GOP congressman. 

On Wednesday, Newsday reported that an elections coalition of unions and left-leaning groups filed a Hatch Act complaint against D’Esposito over a Jan. 9 interview he gave with a New York radio host. 

During the segment, the Labor IG said that “there’s no question that we’re exploring” a run for Congress and that “we’re doing the polling [and] we’re talking to people on the ground and we want to make sure that the resources are going to be there.” 

He also called his successor, Rep. Laura Gillen, D-N.Y., a “disastrous member of Congress” and said that it’s important for GOP candidates to have funding to deliver effective campaign messaging. 

Under the Hatch Act, there is a prohibition on federal employees from being candidates in partisan elections, which extends to preliminary activities such as conducting polls, having campaign strategy meetings or authorizing others to take such actions on their behalf. The law also bars government workers from engaging in political activity in their official capacity and from soliciting or receiving political contributions. 

Republican leaders for the county that covers D’Esposito’s former district recently backed a former mayor, John A. DeGrace, as the party’s nominee for the seat. 

Additionally, Sens. Gary Peters, D-Mich., and Richard Blumenthal, D-Conn., ranking members of the Senate Homeland Security and Governmental Affairs Committee and its Permanent Subcommittee on Investigations, respectively, on March 10 sent D’Esposito a letter asking if he has participated in any campaign activities since he was sworn in as IG. 

“An inspector general is expected to maintain an even greater level of non-partisan independence than other federal employees,” they wrote. “You have a responsibility to be transparent with Congress and with the public regarding any political activity you have undertaken since taking office as inspector general.”

During his confirmation hearing before the panel in October 2025, Blumenthal asked D’Esposito why his campaign website was still up. In response, he said that it was not active and that no fundraising was being done. 

In their letter, however, the two Democratic senators referenced Federal Election Commission data that shows the “D’Esposito for New York” campaign committee received contributions between Jan. 1, 2025, and Dec. 31, 2025. 

Likewise, during a March 5 hearing, Rep. Judy Chu, D-Calif., asked D’Esposito if he was planning on resigning based on a March 4 Newsday report that he would soon launch a political campaign. 

D’Esposito didn’t directly answer the question, saying “I am here on this panel today answering your questions as the inspector general.” He also added that he is “well aware of the Hatch Act.” 

Based on that article and Peters and Blumenthal’s letter, Stephanie Rapp-Tully, a federal employment attorney, told Government Executive by email that “it does appear that IG D'Esposito may have violated the Hatch Act.” 

“His actions prior to and after he took office as IG, especially given his testimony during his confirmation hearing, are reason for concern,” she wrote. 

The Labor Department’s IG office did not respond to a request for comment. 

The Hatch Act is enforced by the Office of Special Counsel. After a legal battle, President Donald Trump in 2025 fired the agency’s head, who was appointed by Joe Biden, before the end of his five-year term. 

Penalties for violating the Hatch Act can include a civil fine of up to $1,000, suspension or removal from federal service. 

Rapp-Tully noted that D’Esposito probably wouldn’t be concerned about termination, as he would likely resign if he officially initiates a reelection campaign. 

“However, a candidate’s veracity may make a difference in the outcome of an election,” she wrote.