The Steady State Files Hatch Act Complaint Against FBI Director Patel Over Wisconsin Appearance With Rep. Van Orden

FOR IMMEDIATE RELEASE: September 17, 2026

PDF is available HERE.

Washington, D.C. — The Steady State, an organization of more than 445 former national security officials, yesterday asked the U.S. Office of Special Counsel (OSC) to investigate whether Kash Patel, Director of the Federal Bureau of Investigation, violated the Hatch Act when he appeared in his official capacity alongside Rep. Derrick Van Orden in Eau Claire, Wisconsin, on August 3, 2026 — eight days before the primary that would choose the Member’s general-election opponent.

The Hatch Act keeps the powers of government office out of partisan politics. Officials in Mr. Patel’s position may take part in politics in a personal capacity. They may not use the authority or title of the office to affect an election’s result. Using an official title while engaging in political activity is one instance of that prohibition.

The complaint asks OSC to examine whether the Director used his official authority or title in that way. According to Wisconsin Public Radio, when asked how important it was that Mr. Van Orden be re-elected, the Director first said he could not “specifically comment on races.” He then called the Member “a relentless supporter of law enforcement,” credited the Member’s backing with “the largest criminal reduction in U.S. history,” said “if I could replicate him, I would,” and added that he hoped “to see him back in Washington for a long time to come.” The Director wore Bureau insignia throughout and was identified on screen under his official title.

The Act also restricts political activity on duty and in official insignia, excepting officials in the Director’s position only if the costs are not paid for by the Treasury. That exception does not excuse a use of official authority to affect an election. The complaint asks who arranged and paid for the appearance, whether any nonexcluded cost was borne by the Treasury, and that OSC direct preservation of the Director’s schedule, travel and cost records, and any Bureau recording.

A separate Steady State complaint filed against Mr. Patel and Attorney General Todd Blanche, submitted September 4, 2026, concerns different conduct.

The complaint, as filed, is available at https://drive.google.com/file/d/1Ty-9dD5skX718299c2ZfhrvChJwU0jC0/view?usp=share_link

Enclosures available on request.