U.S.

OFFICE OF SPECIAL COUNSEL

1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
202-804-7000

December 7, 2020

The President
The White House
Washington, D.C. 20500

RE: OSC Case File No. HA-20-000279

Dear Mr. President:

Pursuant to 5 U.S.C. §1215(b), I am forwarding the U.S. Office of Special Counsel’s

(OSC) investigative findings regarding allegations that Dr. Peter Navarro, Assistant to the
President and Director of the Office for Trade and Manufacturing Policy, engaged in prohibited
political activity. As detailed in the accompanying report, OSC concluded that Dr. Navarro
violated the Hatch Act on several occasions when he engaged in political activity in his official
capacity. In accordance with 5 U.S.C. §1215(b), OSC provided Dr. Navarro with an opportunity
to respond to the report, but he has chosen not to do so. Therefore, OSC submits this report to
you for appropriate action.

Respectfully,

Henry J. Kerner
Special Counsel

Enclosure
 U.S. OFFICE OF SPECIAL COUNSEL

Report of Prohibited Political Activity Under the Hatch Act

OSC File No. HA-20-000279 (Peter Navarro)

November 18, 2020

This report represents the deliberative attorney work product of the U.S. Office of Special Counsel and is
considered privileged and confidential. Any release of information beyond persons specifically designated by the
U.S. Office of Special Counsel to have access to its contents is prohibited. All Freedom of Information Act inquiries
regarding this report should be referred to OSC’s FOIA Officer at (202) 804-7000.
Report of Prohibited Political Activity
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I. INTRODUCTION

This report contains the findings and conclusions of the U.S. Office of Special Counsel’s
(OSC) investigation of allegations that Dr. Peter Navarro, Assistant to the President and Director
of the Office for Trade and Manufacturing Policy, violated the Hatch Act by using his official
authority or influence to interfere with or affect the result of the 2020 presidential election
through both media appearances and social media. As detailed below, OSC substantiated the
allegations and concluded that Dr. Navarro violated the Hatch Act. Accordingly, OSC submits
this Report of Prohibited Political Activity to President Donald J. Trump for appropriate
disciplinary action. 1

II. LEGAL STANDARD REQUIRED TO ESTABLISH A HATCH ACT VIOLATION

For purposes of the Hatch Act, an employee is defined as “any individual, other than
the President and the Vice President, employed or holding office in … an Executive agency
other than the Government Accountability Office.” 2

The Hatch Act prohibits (1) federal Executive branch employees (2) from using their
official authority or influence (3) for the purpose of interfering with or affecting the result of
an election. 3 The attendant Hatch Act regulation gives examples of the type of activity this
prohibition encompasses. 4 For example, the regulation makes clear that it is a prohibited use
of official authority for an employee to use his official title or position while participating in
political activity. 5 Political activity is defined as activity directed at the success or failure of
a political party, partisan political group, or candidate for partisan political office. 6 Thus, a
covered federal employee violates the Hatch Act if he promotes the election or defeat of
candidates for partisan political office while speaking in his official capacity or using an
official social media account.

III. INVESTIGATIVE FINDINGS

OSC’s investigation determined that Dr. Navarro violated the Hatch Act’s prohibition
against using his official authority or influence to affect an election by engaging in political
activity during official media appearances and on his official Twitter account. From May 26
through October 19, 2020, during at least six media interviews where he appeared in his official
capacity as Assistant to the President and Director of the Office on Trade and Manufacturing
Policy, Dr. Navarro repeatedly attacked presidential candidate Joe Biden and/or vice-presidential
candidate Kamala Harris. Dr. Navarro often attacked Mr. Biden about his relationship with
China and at times accused him of being “compromised” and susceptible to being “bought” by
China, even nicknaming him “Beijing Biden.” Dr. Navarro also argued that a Biden presidency

1
See 5 U.S.C. § 1215(b).
2
5 U.S.C. § 7322(1).
3
See 5 U.S.C. § 7323(a)(1).
4
See 5 C.F.R. § 734.302.
5
See 5 C.F.R. § 734.302(b)(1).
6
5 C.F.R. § 734.101.
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would be devastating to the U.S. economy, and he disparaged vice-presidential candidate

Kamala Harris, calling her a mouthpiece who cannot be taken seriously. On his
“@PeterNavarro45” Twitter account, which he often used for official purposes, Dr. Navarro
engaged in similar partisan attacks, repeating his “Beijing Biden” nickname for Mr. Biden and
accusing him of being “soft” on China and a plagiarist. Moreover, Dr. Navarro’s violations of
the Hatch Act were knowing and willful. He committed these violations after having received
training on the Hatch Act and, for most of the violations, while knowing that OSC was
investigating him for engaging in the same prohibited political activity.

A. Dr. Navarro is subject to the Hatch Act.

The Hatch Act restricts the political activity of “any individual, other than the President
and the Vice President, employed or holding office in … an Executive agency other than the
Government Accountability Office.” 7 The White House Office is a component of the
Executive Office of the President, which is considered an Executive agency for purposes of
the Hatch Act. 8 Dr. Navarro serves in the White House Office as Assistant to the President
and Director of the Office for Trade and Manufacturing Policy. 9 Therefore, as a presidential
appointee employed by the White House Office, Dr. Navarro is a federal employee subject to
the Hatch Act.

B. Dr. Navarro knew about the Hatch Act and its requirements.

As a federal employee in the White House Office, Dr. Navarro received mandatory
ethics training, which included training on the Hatch Act. The White House Counsel’s Office
confirmed that all White House employees received this training. Thus, Dr. Navarro was
aware of the Hatch Act and its requirements.

More specifically, on July 21, 2020, after having received a complaint regarding Dr.
Navarro’s media interview on May 26, 2020 (discussed infra), OSC sent Dr. Navarro a letter
asking him, inter alia, the meaning and purpose of his statements about presidential candidate
Biden. An attorney from the White House Counsel’s Office replied on his behalf on
September 4, 2020. This July 2020 letter put Dr. Navarro on notice of the Hatch Act
allegations OSC was investigating.

7
5 U.S.C. § 7322(1).
8
See 19 U.S. Op. Off. Legal Counsel 103 (May 5, 1995), 1995 WL 1767065 (concluding that for Hatch
Act purposes, the White House Office is an Executive agency); 27 U.S. Op. Off. Legal Counsel 118
(May 23, 2003), 2003 WL 25728359 (reaffirming conclusion that the Hatch Act applies to employees of
the White House Office).
9
See https://www.whitehouse.gov/presidential-actions/presidential-executive-order-establishment-office-trade-
manufacturing-policy/ (establishing the Office for Trade and Manufacturing Policy within the White House Office).
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C. Dr. Navarro repeatedly attacked 2020 presidential candidate Joe Biden during
official media interviews.

Dr. Navarro heads the Office for Trade and Manufacturing Policy, which was established
“to defend and serve American workers and domestic manufacturers.” 10 In his role, Dr. Navarro
advises the president on “policies to increase economic growth, decrease the trade deficit, and
strengthen America’s manufacturing and defense industrial bases.” 11 Dr. Navarro regularly
gives official media interviews promoting the president’s agenda, particularly about the economy
and trade. 12

At issue here are a number of interviews Dr. Navarro gave in his official capacity. 13 In
each of the interviews he was introduced as Assistant to the President and Director of the Office
on Trade and Manufacturing Policy or as the White House Trade Advisor, and during the
interviews the chyrons read, “Peter Navarro, White House Trade Advisor” or “Peter Navarro,
Assistant to the President.” He appeared to be speaking from the White House grounds during
some of the interviews, and in all of the interviews, he spoke on topics related to his White
House position—the president’s policies with respect to the economy, manufacturing, and trade.

As detailed below, however, during these official interviews Dr. Navarro also engaged in
political activity by disparaging Democratic presidential candidate Joe Biden and/or vice-
presidential candidate Kamala Harris. Dr. Navarro often attacked Mr. Biden about his
relationship with China and at times accused him of being “compromised” and susceptible to
being “bought” by China. His comments were directed at undermining Mr. Biden’s presidential
candidacy and persuading voters not to support him in the 2020 election.

1. May 26, 2020 Interview

On May 26, 2020, Dr. Navarro was interviewed by Martha MacCallum on Fox News’s
The Story. 14 He discussed the economy, jobs creation, and President Trump’s strategy to
“transition back to greatness” before attacking presidential candidate Joe Biden. Asked to
respond to the Biden campaign’s argument that the coronavirus crisis would not have been as
bad if it were not for the things the White House did, Navarro said:
10
See https://www.whitehouse.gov/people/peter-navarro/.
11
Id.
12
The media often refers to Dr. Navarro as the White House Trade Advisor. See e.g., Kristen Holmes, Arman Azad
and Nick Valencia, White House trade adviser argues that CDC 'let the country down' on testing, CNN (May 17,
2020), https://www.cnn.com/2020/05/17/politics/peter-navarro-cdc-testing/index.html; Yen Nee Lee, White House
trade advisor Peter Navarro denies saying that China trade deal is ‘over’, CNBC (June 22, 2020),
https://www.cnbc.com/2020/06/23/white-house-trade-advisor-peter-navarro-denies-saying-china-trade-deal-is-
over.html; David Lynch, Carol D. Leonnig, Jeff Stein, and Josh Dawsey, Tactics of fiery White House trade adviser
draw new scrutiny as some of his pandemic moves unravel, WASHINGTON POST (Sept. 2, 2020),
https://www.washingtonpost.com/us-policy/2020/09/02/navarro-pandemic-coronavirus/.
13
The interviews detailed in this report are not inclusive of all official interviews during which Dr. Navarro engaged
in political activity in violation of the Hatch Act.
14
Charles Creitz, Navarro blasts Biden, accuses ex-VP of spending Obama years 'toadying up and kowtowing' to
China, Fox News (May 26, 2020), https://www.foxnews.com/media/navarro-biden-toadying-up-kowtowing-china-
obama.
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To brother Joe, I guess he forgot the eight years he was toadying up and
kowtowing to the Chinese and of course he is not going to basically hold China
accountable for this pandemic . . . the evidence is overwhelming that the China
communist party foisted this pandemic on the world, destroyed trillions of dollars
of wealth, and killed close to 100,000 Americans so far . . . If Joe Biden wants to
blame President Trump for that and not even talk about China, that is perfectly
consistent with the kowtowing he did for eight years as Vice President and 30
years when he was up on the capitol and that is not going to stand. Have at it Joe,
we are coming at you on China if you are going to pull that kind of stuff.

The interview then continued with a discussion about events related to China’s
crackdown on Hong Kong.

2. August 23, 2020 Interview

Dr. Navarro appeared on Sunday Morning Futures with Maria Bartiromo on August 23,
15
2020. In the lead up to his appearance on the show, Ms. Bartiromo said, “Coming up, the
president's point man on trade and manufacturing, Peter Navarro, is here with POTUS' second-
term agenda plans and the shocking reason why he says China wants Joe Biden in the White
House.” Ms. Bartiromo started the interview by asking, “What are your expectations for this
upcoming RNC? And why do you believe that China wants Joe Biden in the White House?” Dr.
Navarro responded:

. . . this whole election is setting up, both in China and with the DNC, as a battle
between a nice guy and a tough guy. And we like that matchup, because I think
the people of America will always choose a tough guy in the White House over a
nice guy, because they know the world's a dangerous place . . . But I do want to
challenge this notion of the DNC that somehow Joe Biden is a nice and
empathetic guy. So, let me ask you a couple of questions here. Does a nice guy
vote for NAFTA and ship millions of jobs off to Mexico and spawn millions more
illegal immigrants coming north? No. But Joe Biden did. Does a nice guy let
China into the World Trade Organization and have tens of thousands of factories
across the Midwest go to China? Here is the thing that I find most un-nice about
Joe Biden . . . Joe Biden got his start with lobbying money from the credit card
companies. What does that mean? If you go, for example, in 2005 to the
bankruptcy act that Joe Biden pushed for the credit card company, that prevented
both people with heavy student loans and credit card debt from being able to
declare bankruptcy . . . And people -- like, these credit cards, they are like
addictive, right? You get your credit card, you miss a payment... pretty soon,
you're paying 20 percent . . . And Joe Biden is the guy who made sure that your

15
Sunday Morning Futures, Rep. Kevin McCarthy, Sen. Tim Scott on House 'emergency' USPS bill, goals for
Republican National Convention, Fox News (Aug. 23, 2020), https://www.foxnews.com/transcript/rep-kevin-
mccarthy-sen-tim-scott-on-house-emergency-usps-bill-goals-for-republican-national-convention.
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interest rate went up to 20 percent if you missed a few of those payments . . . We

can get back to China. Hunter, okay, he is on Air Force Two and he brings back
$1 billion for his hedge fund in the 2000s . . . That's why they love Joe Biden.
They know he can be bought. They know he's compromised.

Ms. Bartiromo then told Dr. Navarro she wanted to talk about the upcoming election and
the president's economic plans. Dr. Navarro responded by discussing the president’s policy
agenda and finished by saying, “But the big picture here, the big picture here is to continue the
agenda of deregulation, tax cuts, energy dominance, and fair trade deals. And that's exactly the
opposite of what the Biden administration would do.”

3. August 28, 2020 Interview

On August 28, 2020, Dr. Navarro was interviewed by Sandra Smith on Fox News’s
America’s Newsroom. 16 At the start of the interview, Ms. Smith asked Dr. Navarro to respond to
the president’s assertion that “China would own this country if there was a Joe Biden
presidency.” Dr. Navarro said:

That is exactly right. The problem with Joe Biden is he has a record, a 44 year
record and one of things he did in that 44 years, in 2001, he voted to allow China
into the World Trade Organization and that created basically a tsunami of
offshoring where we lost over 7,000 factories, over five million manufacturing
jobs. That happened also on his watch when he was vice president, he was doing
his little shuttle diplomacy over there, meeting with Xi Jinping when he was not
yet the unelected president of China. So Joe’s dangerous when it comes to
offshoring American jobs. He’s compromised. There’s a whole Hunter Biden
issue related to bringing back $1 billion in hedge fund money on Air Force 2 . . .

Ms. Smith cut him off, and they then discussed the threat from China and how China is a
“bully,” when Dr. Navarro said, “We need a tough president like Donald J. Trump in the White
House, not the pushover in Joe.” Ms. Smith then asked Dr. Navarro about the Administration’s
response to vice-presidential candidate Kamala Harris’s claim that Trump is weak on China. Dr.
Navarro responded:

Let’s be clear about what happened in January, that was January 31, the day
Donald Trump pulled down the flights from China, which saved hundreds of
thousands of American lives. At the time Joe Biden called it xenophobic and
racist and then he had to apologize. With respect to Kamala Harris, I can’t really
take her seriously, for one single reason. This is a woman who put over a
thousand young black men in jeopardy or in jail for smoking pot and she would
not, she would not, go for the death penalty for a cop killer. So whenever I think
of Kamala Harris, that is all I need to know. And she is just a mouthpiece. She

America’s Newsroom, Peter Navarro: CCP is bullying US into submission, invading our capital markets, Fox
16

News (Aug. 28, 2020), https://video.foxnews.com/v/6185451314001#sp=show-clips.

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knows nothing about China policy. We haven’t heard boo from her while she has
been in the Senate or when she was back in California. It is a talking point for her
and she does not understand the history of Joe Biden in 2001 voting to put China
in the World Trade Organization and then having them strip this country of our
factories across the Midwest. Good luck with her going to Ohio or Wisconsin or
Michigan, going into a factory and pulling that kind of crap. Because everyone
knows across the Midwest who brought the factory jobs back and it is not Kamala
Harris, Joe Biden, or Barack Obama.

Ms. Smith reacted to his answer by stating, “I guess you are giving us a preview of what
the vice-presidential debate might be like.” The final topic of the interview was the president’s
agenda related to tax cuts, during which Dr. Navarro again attacked presidential candidate Joe
Biden by saying:

What we know about Joe Biden is he is going to do just the opposite and that is
going to be slow growth and crash the stock market. He has promised a $4
trillion tax hike. He is going to put more regulations on our farmers our ranchers
our loggers and our fisherman. He is going to cap every oil well in this country
and he wants to go back to the old days with the Trans-Pacific Partnership. He’s
promised to take off the tariffs on China. Which look, Sandra, that is the only
thing that ever got those guys to the table and will keep them there. So we love
having a debate about policy. What they want to do, Sandra, what the Dems and
Biden want to do is hide in the basement and blame the pandemic on Donald J.
Trump . . . Nobody is buying Joe Biden as tough on China, or Kamala Harris.

4. September 6, 2020 Interview

Dr. Navarro again appeared on Sunday Morning Futures with Maria Bartiromo on
September 6, 2020. 17 The interview began with a discussion about bringing jobs back to the
United States to protect the American people from the Chinese Communist Party. They then
talked about the Global Times “effectively” coming out with an endorsement of Mr. Biden, to
which Dr. Navarro said:

What would that mean for the American people? We know what it would mean.
Devastation in the Midwest. Blue collar workers just getting hammered. We lost
over 70,000 factories, Maria, over 5 million manufacturing jobs and it was
because Joe Biden likes Made in China. Donald Trump came along in many
ways because he said that’s not good, that’s not right, I am going to fix that . . .
So, Beijing Biden vs. Made in America Donald J. Trump, I think that’s one of the
stark differences between the two sides. And it’s really interesting, Maria, if you
watched back when at the Democratic convention . . . you never hear them talk
about where the virus came from, they won’t say the word China virus, if you try

17
Sunday Morning Futures, Peter Navarro comments on China backing Biden, coronavirus pandemic, Fox News
(Sept. 6, 2020), https://video.foxnews.com/v/6188248199001#sp=show-clips.
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to say it, they cancel you. And the reason is, the whole Biden Democratic Party
strategy, it’s a dangerous one for them and for us because it is predicated on being
able to blame Donald J. Trump on the pandemic . . .

The interview then covered topics such as China and the U.S. capital markets, Americans
unknowingly investing in China’s military, and President Trump’s second-term agenda.

5. September 30, 2020 Interview

On September 30, 2020, Dr. Navarro was interviewed by Hallie Jackson on MSNBC. 18
The interview focused on the previous night’s presidential debate, and Ms. Jackson asked Dr.
Navarro whether President Trump’s comment about “what [he] was put through” when talking
about the coronavirus was a “tone deaf” statement to make considering all the lives lost to the
virus. Dr. Navarro responded:

If you listen to the signal and avoid the noise of that debate, I think that there was
actually pretty clear differences drawn between the candidates. And one of the
points President Trump made last night, which is exactly right, is when the
president pulled down the China flights on January 31, Joe Biden opposed that
and the fact that he opposed that would suggest that if he had been president we
would have gone months with those flights coming in and instead of 200,000
Americans being dead there’d be a million or more. I think that’s an important
point to recognize. The second point that the president made with respect to
COVID, just quickly, was how Joe Biden handled the H1N1, swine flu, in 2009.
His own chief of staff, Ron Klain said that they made every single mistake in the
book and there but for god, they would have had the worst mass casualty event in
history. So I think that was a good exchange. I think that if people are going to
vote for Biden ‘cause they think he might do better on the China virus, I think
they’re dead wrong on that. And the president underscored that.

After discussing the Administration’s response to the coronavirus, Ms. Jackson asked Dr.
Navarro about another statement President Trump made during the debate, telling the Proud
Boys to “stand back and stand by.” Dr. Navarro responded by criticizing the debate moderator
but also said, “What the president also made clear, and I think it's a good distinction between Joe
Biden and the president, is the president is for law and order.” Dr. Navarro ended the interview
with more criticism of the moderator.

18
Hallie Jackson, Peter Navarro: 'Second debater' Wallace responsible for Trump missteps, MSNBC (Sept. 30,
2020), https://www.msnbc.com/hallie-jackson/watch/peter-navarro-second-debater-wallace-responsible-for-trump-
missteps-92856389790.
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6. October 19, 2020 Interview

Dr. Navarro again was interviewed by Maria Bartiromo on October 19, 2020. 19 Ms.
Bartiromo began the interview by referencing a report Dr. Navarro was doing on the swing-state
economies and asked specifically about Michigan’s economy. Dr. Navarro responded:

Yeah. All job creation is indeed local here at the Trump administration. If you
look at Michigan it’s really an interesting study in contrast between the policies of
President Trump and Joe Biden. You start with the Antrim Shale formation
which is in the northern part of the lower peninsula, there’s 9,000 wells there and
they employ over 50,000 people, directly or indirectly, that’s something that’s
thriving under President Trump, which would get shut down under Joe Biden.

They then discussed tariffs and defense spending before Dr. Navarro said, “and then of
course we had Joe Biden voting for NAFTA. We had President Trump renegotiating that and
getting the USMCA. Guess what? That’s the full employment act for auto workers in Detroit.”

Ms. Bartiromo asked Dr. Navarro about China’s good economic data and whether it is an
indication that the economic recovery has begun. Dr. Navarro responded by accusing China of
using the virus to expand its economy and then said:

One of the things we need to be thinking about in the next 14 days is the role of
China in the world economy and who would stand up to China. We know who’s
laid down for China and now all this news about Hunter and emails and all that
stuff. You wonder why the mainstream media won’t cover that, but my gosh, if
any of that stuff is true it’s just unbelievable.

They continued to discuss China and Dr. Navarro then said:

The previous presidents, it’s like don’t worry be happy, just buy this stuff because
it’s cheap. And then you turn around and Michigan, and Wisconsin, and
Pennsylvania are just ravaged. I mean don’t forget, China, Biden let China into
the World Trade Organization. We lost 70,000 factories, five million
manufacturing jobs. We must not forget that. We can bring that stuff back with
President Trump.

D. Dr. Navarro violated the Hatch Act’s prohibition against using his official
authority or influence to affect an election by attacking Joe Biden during official
media interviews.

The Hatch Act prohibits Dr. Navarro from using his official authority or influence for the
purpose of interfering with or affecting the result of an election. 20 This prohibition includes
19
Mornings with Maria, Trump stands for 'defending blue-collar America' against China: Navarro, Fox Business
(Oct. 19, 2020), https://www.foxbusiness.com/economy/michigan-thriving-under-trump-policies-navarro.
20
5 U.S.C. § 7323(a)(1).
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using his official title or position while engaging in political activity, i.e., activity directed at the
success or failure of a candidate for partisan political office. 21 What constitutes “political
activity” has been interpreted broadly by both judicial courts and the Merit Systems Protection
Board.

Case law makes it clear that political activity encompasses far more than just express
advocacy for the electoral success or failure of a candidate. 22 Political activity can include
comparing candidates’ records and positions, 23 providing factual information for the purpose of
promoting a campaign, 24 or advancing a candidate’s campaign promise. 25 In Burrus v.
Vegliante, members of a federal employee union displayed in their workplace posters comparing
the positions and voting records of two candidates for president. 26 The posters did not explicitly
recommend that viewers support either candidate. Instead, the court found that the posters
merely “suggested that [one slate] held positions more favorable to the interests of postal
workers than the [other slate].” 27 The Second Circuit rejected the idea that the poster was not
political activity, finding that while it “purported to present only factual information, the [union
did] not seriously dispute that it was intended to generate support for” a candidate. 28

Like the posters in Burrus, during his official media interviews Dr. Navarro repeatedly
compared President Trump’s economic and trade policies with those of presidential candidate
Biden. But, unlike the posters, Dr. Navarro did more than merely “suggest” that President
Trump’s policies were better for voters than Mr. Biden’s policies—he explicitly stated it while
arguing that a Biden presidency would be devastating to the U.S. economy. In addition, Dr.
Navarro frequently attacked Joe Biden as a presidential candidate, accusing him of kowtowing to
China and being compromised, even nicknaming him “Beijing Biden.” Dr. Navarro also
disparaged vice-presidential candidate Kamala Harris, calling her a mouthpiece who cannot be
taken seriously. His campaign rhetoric was intended to harm Mr. Biden’s presidential candidacy
and encourage viewers not to vote for him in the 2020 election. By using his official platform as
a high-level White House official to engage in these partisan attacks, Dr. Navarro violated the
Hatch Act’s prohibition against using his official authority or influence to affect an election.

21
See 5 C.F.R. §§ 734.302(b)(1), 734.101.
22
See Burrus v. Vegliante, 336 F.3d 82, 84 (2d Cir. 2003) (concluding that the display of a poster comparing the
positions and voting records of two candidates for president constituted political activity even though it purported to
present only factual information); Special Counsel v. Malone, 84 M.S.P.R. 342, 363-65 (1999) (finding that an
employee violated the Hatch Act when he informed people doing business with his agency of an upcoming partisan
fundraiser because, even though he did not solicit attendance or a contribution, he “intended to promote the
fundraiser for political purposes”); Special Counsel v. DePaolo, MSPB Docket No. CB-1216-18-0016-T-1, at 11,
21-22 (Sept. 13, 2019) (holding that an employee violated the use of official authority prohibition when she
“tout[ed],” “advertised,” and “advanced [a candidate’s] campaign promise” while acting in the scope of her official
duties).
23
See Burrus, 336 F.3d at 84.
24
See Malone, 84 M.S.P.R. at 363-65.
25
See DePaolo, MSPB Docket No. CB-1216-18-0016-T-1, at 21-22.
26
Burrus v. Vegliante, 247 F. Supp.2d 372, 373 (S.D.N.Y. 2003), rev’d, Burrus v. Vegliante, 336 F.3d 82 (2d Cir.
2003).
27
Id. at 374.
28
336 F.3d at 84.
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The White House Counsel’s Office has asserted, on Dr. Navarro’s behalf, 29 that he did
not violate the Hatch Act. It argued that a government official does not violate the Hatch Act by
making “factual and policy-based statements” and that such statements do not “constitute
advocacy for or against a candidate.” The White House Counsel’s Office further argued that Dr.
Navarro’s statements about Joe Biden and his “kowtowing to the Chinese” were the kind of
factual, policy-based statements acceptable for him to make in his official capacity.

These arguments, however, are contrary to the law. The White House Counsel’s Office
provided no basis for its assertion that making factual and policy-based statements could not
violate the Hatch Act, and OSC is unaware of any authority supporting such a rule. And as
detailed above, express advocacy for or against a candidate is not required to find that an
employee engaged in political activity. A federal employee acting in his official capacity
violates the Hatch Act when, as here, he makes statements intended to encourage others to vote
for or against a candidate for partisan political office or otherwise promotes or disparages that
candidate’s campaign. Dr. Navarro violated the Hatch Act because he engaged in that very
activity.

E. Dr. Navarro violated the Hatch Act’s prohibition against using his official
authority or influence for the purpose of affecting the result of an election by
disparaging 2020 presidential candidate Joe Biden on his Twitter account,
“@PeterNavarro45.”

Until October 5, 2020, Dr. Navarro’s Twitter account, created in March 2020, was
“@PeterNavarro45.” 30 The account identified him as, “Assistant to the @POTUS for Trade &
Manufacturing Policy” and linked to the official White House website. He tweeted about issues
related to his official position—manufacturing, the economy, and trade—and about the
Administration’s response to the coronavirus. The official White House Twitter account,
“@WhiteHouse,” tweeted at “@PeterNavarro45” to highlight, for example, Dr. Navarro’s
official media interviews. 31 Because Dr. Navarro used the “@PeterNavarro45” Twitter account
for official purposes, the Hatch Act prohibited him from also using that account to engage in
political activity. 32

But in the relatively short time Dr. Navarro had this Twitter account, he repeatedly used
it to attack presidential candidate Joe Biden. 33 For example, on August 23, 2020, he included a
link to the Sunday Morning Futures interview detailed above and wrote, “Biden a ‘Nice Guy?’

29
As part of OSC’s investigation, after receiving a complaint concerning Dr. Navarro’s May 26, 2020 interview, on
July 21, 2020, OSC sent him a letter asking a series of questions about the interview, including the meaning and
purpose of his statements about presidential candidate Biden. While Dr. Navarro did not respond to this letter, an
attorney from the White House Counsel’s Office replied on September 4, 2020.
30
Several administration officials have similar official Twitter accounts, bearing their name and the number 45. See
e.g., “@Scavino45,” “@MarcShort45,” “@StephGrisham45,” “@JaRonSmith45.” The White House Counsel’s
Office told OSC, though, that Dr. Navarro’s account was not created or managed by the White House.
31
This occurred on several occasions, including on July 28-29, August 6, and September 22, 2020.
32
See OSC’s February 2018 “Hatch Act Guidance on Social Media,” pg. 7, available at:
https://osc.gov/Documents/Hatch%20Act/Advisory%20Opinions/Federal/Social%20Media%20Guidance.pdf.
33
The tweets discussed here are just a sampling of the many political messages Dr. Navarro posted on his account.
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Nice guys don't vote for NAFTA and China's entry into the WTO and destroy American factories
and jobs like Joe did. NICE GUYS don't CRUSH poor people with credit card debt and
DESTROY young folks with student loans like Joe did.”

On August 28, 2020, he tweeted, “Major POLICY differences reviewed in DNC v. RNC
conventions. @potus 4 attack vectors to defeat China virus. Biden econ plan to destroy U.S.
energy, logging, fishing. Dems crossing THIN BLUE LINE between peaceful protests and
anarchy/looting.” Also on August 28, he included a link to the America’s Newsroom interview
detailed above and wrote, “Joe Biden's soft on China Tsunami of offshoring, K. Harris knows
NOTHING about China policy vs. greatest jobs president in history. When will Dems hold China
accountable for the pandemic and the loss of factories and jobs in America?”

Dr. Navarro repeated his nickname for Mr. Biden, “Beijing Biden,” on his Twitter
account. On September 6, 2020, he wrote, “NYT panda hug of Beijing Joe Biden. Not a
SINGLE mention of HUNTER Biden is the tell in this con game. As soft as this puff piece is, it
still EXPOSES Biden as a pawn in Xi Jinping's Great Global Game. Read it and weep. C'mon
Man...” and linked to a New York Times story. Dr. Navarro also repeatedly accused Mr. Biden of
being a plagiarist. For example, on September 9, 2020, he wrote, “All hail @potus as the
Lobster King. DJTRUMP delivers for fisherman from Alaska to Maine and New Hampshire.
AND Joe Biden the serial plagiarizer tries to steal Trump Buy American agenda. Biden's agenda
MADE IN CHINA. Trump agenda Made in America.” And on September 11, 2020, he tweeted,
“. . . Joe Biden is a plagiarist trying to steal our Buy American agenda.”

On September 21, 2020, Dr. Navarro retweeted a message from the Trump 2020
Campaign Senior Advisor for Strategy that read, “Joe Biden went to the industrial heartland of
Wisconsin today...and he actually promised to help manufacturing? Look at his record, and
dismiss his rhetoric!” Dr. Navarro added, “Joe Biden tore the heart out of the heartland by
voting for NAFTA and China into the WTO.” And On September 30, 2020, Dr. Navarro shared
a Federalist.com story about Spanish-speaking voters concluding that President Trump had won
the first presidential debate. He wrote, “Trump Si, Biden No . . . The Latino community knows
who will deliver prosperity and security to the American land.”

Just like with his media interviews, Dr. Navarro used his high-level White House
position, through his public social media account, to attack a presidential candidate and persuade
voters against supporting his candidacy. Because he engaged in political activity while in his
official capacity, he violated the Hatch Act’s prohibition against using his official authority or
influence to affect an election. 34

IV. CONCLUSION

Dr. Navarro’s violations of the Hatch Act were knowing and willful. The White House
Counsel’s Office attorney explained that all White House employees receive mandatory ethics

34
Four days after OSC reached out to the White House Counsel’s Office to inquire about Dr. Navarro’s Twitter
account, the account was deleted.
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training, which includes training on the Hatch Act. And five of the interviews discussed above
occurred after OSC sent its July 21, 2020 letter to Dr. Navarro, putting him on notice of the
allegations OSC was investigating. Yet Dr. Navarro continued to violate the Hatch Act by
attacking Democratic presidential candidate Joe Biden during official interviews despite
knowing that OSC was investigating him for engaging in that very activity.

In passing the Hatch Act, Congress intended to promote public confidence in the
executive branch by ensuring the federal government is working for all Americans without
regard to their political views. 35 Thus, while the Hatch Act allows federal employees to express
their views about candidates as private citizens, it restricts employees from using their official
government positions for partisan political purposes, including by trying to influence elections.
Dr. Navarro’s attempt to influence voters in the 2020 presidential election, while speaking as a
representative of their government, is just what the Hatch Act is intended to prevent.

The U.S. Constitution confers on the president authority to appoint senior officers of the
United States, such as Dr. Navarro. Considering that constitutional authority, the proper course
of action, in the case of violations of the Hatch Act by such officers, is to refer the violations to
the president. Accordingly, OSC hereby submits this Report of Prohibited Political Activity to
the president for appropriate disciplinary action. 36

35
See Civil Serv. Comm’n v. Nat’l Ass’n of Letter Carriers, 413 U.S. 548, 565 (1973) (upholding the
constitutionality of the Hatch Act and noting that “it is not only important that the Government and its employees in
fact avoid practicing political justice, but it is also critical that they appear to the public to be avoiding it, if
confidence in the system of representative Government is not to be eroded to a disastrous extent”).
36
See 5 U.S.C. 1215(b).