Request for investigation and preservation of evidence concerning the appearance of the  Deputy Attorney General of the United States at the Conservative Political Action  Conference

September 14, 2026  

Hatch Act Unit  

U.S. Office of Special Counsel  

1730 M Street, N.W., Suite 218  

Washington, D.C. 20036  

Re: Request for investigation and preservation of evidence concerning the appearance of the  Deputy Attorney General of the United States at the Conservative Political Action  Conference on March 26, 2026, and his statements there concerning election administration  and Department charging activity  

To Whom It May Concern:  

The Steady State is an organization of more than 430 former national security, intelligence,  diplomatic, military, law enforcement, and homeland security officials who served across  administrations of both parties. Its members have devoted their careers to safeguarding the integrity  of United States government institutions, including the Department of Justice and the Office to  which this complaint is addressed.  

I write to file a complaint under the Hatch Act, 5 U.S.C. §§ 7321–7326, and to request that the  Office of Special Counsel investigate whether Todd Blanche, then the Deputy Attorney General of  the United States, used his official authority or influence for the purpose of interfering with or  affecting the result of an election when he appeared under his official title at the Conservative  Political Action Conference (CPAC) on March 26, 2026, and there endorsed a partisan  characterization of American election administration, described the Department of Justice’s own  election-related charging activity by comparison to a predecessor administration, and proposed the  deployment of federal immigration officers to polling places. I also request that the Office direct the  preservation of records bearing on the appearance, including any records reflecting who authorized  it, how it was arranged, and whether any cost associated with it was borne by the Treasury.  

Disclosure of a related filing 

In candor to the Office: The Steady State filed a separate Hatch Act complaint with this Office,  dated September 3, 2026 and submitted September 4, 2026 concerning Mr. Blanche and FBI  Director Kash Patel, arising from an August 14, 2026 event at the Nassau County Police Academy in  Garden City, New York. That complaint concerns different conduct, on a different date, and reaches  Mr. Blanche in a different office. The offices should be kept distinct: Mr. Blanche was the Deputy  Attorney General on March 26, 2026; he was named Acting Attorney General on or about April 2,  2026, following the removal of Attorney General Pamela Bondi; and he was confirmed as Attorney  General on August 8, 2026 and sworn in on August 10, 2026. This complaint concerns his conduct  as Deputy Attorney General. The two matters are factually independent, and this complaint does  not ask the Office to treat them as a course of conduct. It is disclosed so that the Office is aware of  the earlier filing and can consolidate or separate the matters as it sees fit.  

The appearance  

On March 3, 2026, CPAC announced Mr. Blanche as a confirmed speaker for CPAC USA 2026 in a  post on its own website titled “Deputy Attorney General Todd Blanche to Join CPAC USA 2026,” describing him as “the 40th Deputy Attorney General of the United States, a role he assumed in  January 2025 to oversee the daily operations of the Department of Justice and its various agencies,  including the FBI and DEA.” The conference was held March 25–28, 2026 at the Gaylord Texan  Resort and Convention Center in Grapevine, Texas.  

Mr. Blanche appeared on the CPAC main stage on Thursday, March 26, 2026, in a recorded  interview with Matt Schlapp, the chairman of CPAC, that runs approximately twenty-five minutes.  The recording establishes the following without inference:  

• The conference’s own stage display is visible in a wide view in Mr. Schlapp’s recording. It carried the session title “THE JUSTICE LEAGUE” above the names of the two participants; the smaller type beneath each name is legible in outline only. The broadcast separately identified him on screen as “TODD BLANCHE | DEPUTY ATTORNEY GENERAL OF THE UNITED STATES | @DAGTODDBLANCHE,” and the interviewer as “MATT SCHLAPP | CHAIRMAN, CPAC | @MSCHLAPP”; those graphics are the broadcaster’s and are offered only as corroboration of how the appearance was presented. 

• A clock displayed in the broadcast is consistent with a mid-to-late morning appearance, local time, on a Thursday. That clock is the broadcaster’s and is offered as corroboration only. • Mr. Blanche stated that “we were able to settle with with General Flynn yesterday.” The Department’s settlement of Michael Flynn’s lawsuit was reported on March 25, 2026, which independently fixes the date of the appearance. 

Separately, at 7:05 p.m. Eastern Time on the evening of the appearance, Mr. Schlapp posted publicly that “@DAGToddBlanche joined me on stage at CPAC to discuss restoring integrity to our justice  system,” tagging an account whose handle is constructed from the office Mr. Blanche then held. 

The Steady State has preserved two recordings of the interview and will provide either to the Office  on request. The first was published by the interviewer: Mr. Schlapp posted his own copy on April 2,  2026 — 1,280 × 720, H.264, 186,844,931 bytes, running twenty-five minutes and forty-three  seconds; SHA-256 5079ae06fd8628283e9293b7beed1adcadb225cf3dcb5f05ed7e78cc7c35d180. The  second is a capture of the Right Side Broadcasting Network livestream of the conference — 1,920 ×  1,080, H.264, 750,493,290 bytes, running twenty-five minutes and six seconds; SHA-256  038ae03fe56b70f89d288cc8701fb4a2402871c285a9bd6bd637916153681c83. No official transcript  of the appearance has been published, and published renderings of these remarks differ among  outlets. The passages quoted below were machine-transcribed and then checked by ear against the  audio; disfluencies are reproduced rather than smoothed, and no words are omitted within any  quoted passage. CNN reported the appearance the same day, describing it as a fireside chat at CPAC  and quoting Mr. Blanche from it; CNN’s rendering of the passage it quoted matches the recordings  preserved here.  

The appearance is also catalogued in the public record by C-SPAN, which lists it under the program  title “Deputy Attorney General Todd Blanche Speaks at CPAC Conference in Grapevine, Texas,” dated March 26, 2026 and running twenty-five minutes and forty-nine seconds, and describes the  segment as covering “topics including alleged past weaponization of the Justice Department by  Democrats, immigration, voter registration.” That copy is publicly available and may be obtained by  the Office directly. It is offered as an independent record of the date and subject matter of the  appearance, and not as Mr. Blanche’s own use of his title.  

What the Deputy Attorney General said  

The passage1 at the center of this complaint is a single continuous exchange. Mr. Schlapp had been  speaking about American voting arrangements; Mr. Blanche responded, and then moved directly to  a proposal about polling places:  

MR. SCHLAPP: “Why the hell do you vote like that? Nobody votes—”  

MR. BLANCHE: “Yeah.” 

MR. SCHLAPP: “—in this crazy way that we’ve allowed the left to set up in  America.”  

MR. BLANCHE: “I mean, you’re preaching President Trump’s agenda right there,  and it’s — and it’s right.”  

MR. SCHLAPP: “Well, he’s the one who gave you that question.”  

MR. BLANCHE: “Amen, I like that, let’s go. Yeah, election integrity should be the  most nonpartisan issue we have. Like, why is there objection to sending ICE officers  to polling places? Illegals can’t vote. It doesn’t make any sense. Why, why is there —”  

1 The quotations set out are transcribed by The Steady State from a recording of the March 26, 2026 interview. The  interview was published in full by Mr. Schlapp from his verified account on April 2, 2026. The Steady State has  separately preserved a livestream recording of the same interview carried by Right Side Broadcasting Network, and the  on-screen identifications and broadcast clock described above are taken from that recording.

MR. SCHLAPP: “Well, they they can vote. They just shouldn’t vote, right?”  

MR. BLANCHE: “Uh well, that’s amen, that’s right. I mean, listen, why, you, what  what is the objection? You you all probably had to show your ID five times since you  came into this place.”  

The Office should note what this exchange is and is not. It is not an endorsement of election  integrity in the abstract. What Mr. Blanche called “President Trump’s agenda,” and pronounced  “right,” was a characterization of how Americans vote as an arrangement “we’ve allowed the left to  set up.” The Deputy Attorney General of the United States adopted a partisan characterization of  election administration and, in the same exchange, proposed sending federal immigration officers to  polling places.  

Moments later, still on the same subject, Mr. Blanche described the Department’s own charging  activity. Mr. Blanche said: “That’s not necessarily completely my purview, except that we’re charging  and indicting, um, illegals who voted” in election-fraud cases. He continued that the Department  had charged “20 times more than was charged under Biden in one year,” and that “we’re gonna keep  on doing that.”  

Mr. Blanche recited a quantitative comparison of the Department’s charging activity while discussing  his official responsibilities. The public record does not show the source, scope, time period or  method of that comparison. Whether the comparison he drew is supported by the Department’s  own records is a question this Office can answer and the public cannot, and The Steady State asks  that it be answered. The Department’s own public announcements in this area report individual  prosecutions; they state no national total and no comparison to any prior administration. The  contemporaneous basis for the number recited on March 26 is therefore a question for the  Department’s own files. The basis for a charging figure recited from a partisan stage bears directly  on whether the Deputy Attorney General was describing the Department’s work or invoking his  office to make a partisan point.  

And, in the same answer:  

“[W]e are fighting a judiciary, and we’re fighting in blue states that don’t want this,  and that say no. And you can ask yourself why, but I think the answer is, is obvious,  and so it’s gonna be a fight we continue.”  

Those statements drew directly upon Mr. Blanche’s official authority: he invoked his jurisdiction,  described Department charging decisions and enforcement statistics, and spoke prospectively about  the Department’s continued use of that authority. He did so from the stage of a partisan political  conference.  

The Steady State does not rest on the reference to “blue states” as such. As the Office has advised, a  reference to a political party in the course of discussing government policy does not, without more,  constitute political activity. What matters here is the setting in which the reference was made: while  invoking the Department’s own enforcement authority, in an exchange about voting and polling  places. 

Other statements in the same interview bear on purpose. Mr. Blanche told the audience that the first  change at the Department was theirs: “It’s what everybody in this room did. We re-elected the  president, right? That was the change.” He described a fear that “the next administration, if if we  don’t win, we’re going to all be investigated and indicted.” He credited the audience with “sending  President Trump back to office” and told them “you all have to continue to do your part too.” He  volunteered that he is not a Democrat and “haven’t been.” And he described “getting conservative  judges” as “without a doubt a priority of of Dave Warrington, our White House counsel, the  president, and and everybody in this administration.”  

What this complaint does not allege  

The Steady State states plainly what the record does not contain. Mr. Blanche did not name a  candidate for any 2026 election. He did not expressly identify the 2026 midterm elections. Express  advocacy, however, is not what the statute requires. Nothing in the recording of these remarks  constitutes a political contribution, and the Steady State makes no allegation under 5 U.S.C. §  7323(a)(2) on this record. Whether Mr. Blanche has solicited political contributions on any other  occasions is a matter which The Steady State has no knowledge and on which it takes no position.  Nothing in the record establishes that he was introduced by anyone as speaking on behalf of a party  or candidate. The Office should evaluate this complaint on the theory actually presented — the use  of official authority and official title — and not on a theory the facts do not support.  

Public record and responses to date  

The March 26 statement did not pass unnoticed, and it did not remain rhetorical. It was reported at  the time by Democracy Docket and by The Hill; published renderings of the remark vary between  outlets, and the language quoted in this complaint is transcribed from the recording itself. In July  2026, as Acting Attorney General, Mr. Blanche was asked to rule out armed federal agents at polling  places and would commit only to “following the law … no matter what it includes.” Axios reported  that exchange against his earlier CPAC remark. Twelve United States Senators then sought the  underlying deployment records and quoted the CPAC remark in a letter dated July 28, 2026. Those  later events do not prove Mr. Blanche’s purpose on March 26. They are why preservation should  reach any Department or interagency record that treats the CPAC statement as contemplated policy  rather than rhetoric.  

As to prior filings, two complaints concerning Mr. Blanche have been submitted to this Office, and  both concern the same August 14, 2026 Long Island event in support of a candidate for Governor  of New York: a complaint filed by Public Citizen on August 18, 2026, and The Steady State’s own  complaint dated September 3, 2026 and submitted September 4, 2026, described above. Neither  concerns the CPAC appearance. The Steady State is aware of no complaint filed with this Office by  any person concerning the conduct described here.  

Questions warranting examination 

The appearance raises at least six questions requiring prompt examination.  

1. Investigators should determine whether the March 26 appearance was “political activity” within  the meaning of 5 C.F.R. § 734.101 — that is, activity directed toward the success or failure of a  political party, candidate for partisan political office, or partisan political group.  2. If it was, investigators should determine whether Mr. Blanche used his official title while  participating in that activity, which 5 C.F.R. § 734.302(b)(1) identifies as a manner of using official  authority under § 734.302(a). Title use is one instance of the conduct § 7323(a)(1) prohibits, not its  definition.  

3. Investigators should determine whether, separately, that appearance and the statements  described above constituted the use of official authority or influence for the purpose of interfering  with or affecting the result of an election, within the meaning of 5 U.S.C. § 7323(a)(1) and 5 C.F.R. §  734.302(a).  

4. Investigators should determine who arranged and authorized the appearance; whether any  Department of Justice component participated in scheduling, preparing, staffing, or publicizing it;  and whether any Department employee prepared remarks or briefing materials for it.  5. Investigators should determine whether any nonexcluded cost associated with the appearance  — travel, lodging, per diem, communications support, or the allocable share of mixed official and  political travel — was paid from money derived from the Treasury of the United States and, if so,  whether it was allocated and reimbursed as 5 C.F.R. § 734.503 requires and within a reasonable  period. Mr. Blanche is a Senate-confirmed officer described in 5 U.S.C. § 7324(b)(2); for such an  officer the on-duty prohibition at § 7324(a)(1) is conditional on that cost question, and the two  should be examined together.  

6. Investigators should determine whether the account identified on screen as  @DAGTODDBLANCHE is an official account, who controls it, and whether it or any Department  account was used to promote or publicize the appearance. CPAC’s chairman tagged that account  publicly on the day of the appearance; whether it is a Department account, and who operates it, is  not established on the public record. The handle displayed on March 26 no longer resolves. An  account now operates as @AGToddBlanche under the display name “Attorney General Todd  Blanche,” describing its holder as the “88th Attorney General,” listing Washington, D.C. and  justice.gov, and reporting that it joined the platform in April 2025. Investigators should determine  whether that is the same account, who has controlled it since March 2026, and whether the content  published under the earlier handle has been preserved.  

Potentially applicable law  

Depending on the facts, the appearance may implicate several provisions of the Hatch Act and its  implementing regulations.  

Use of official authority or influence to affect an election  

5 U.S.C. § 7323(a)(1) provides that an employee may not “use his official authority or influence for  the purpose of interfering with or affecting the result of an election.” The implementing regulation, 

5 C.F.R. § 734.302, repeats that prohibition at subsection (a) and provides at subsection (b)(1) that its  scope includes “[u]sing his or her official title while participating in political activity.”  

Mr. Blanche is an “employee” for these purposes. 5 U.S.C. § 7322(1) excludes only the President and  the Vice President from the definition. The additional restriction at § 7323(b)(2)(A) does not reach  him — that subparagraph excepts an employee “appointed by the President, by and with the advice  and consent of the Senate” — but § 7323(a)(1) contains no such exception and applies to him in full.  The implementing regulations say the same: 5 C.F.R. § 734.501 provides that employees appointed  by the President by and with the advice and consent of the Senate “are subject to the provisions of  subparts B and C of this part,” and § 734.302 is in subpart C. That is the position The Steady State  took in its September 4, 2026 complaint concerning the August 14, 2026 event, and it is the position  it takes here.  

The Office has stated the rule in a determination: an employee covered by § 7323(a)(1) “may not use  his official title while engaging in political activity or his official position to advance or oppose  candidates for partisan political office.” OSC File No. HA-18-2573 (May 1, 2018). Here the  conference itself presented him under that title: in its own announcement of his appearance. The  Steady State does not contend that a broadcaster’s on-screen graphic is itself Mr. Blanche’s use of his  title.  

The Office’s treatment of official policy communications marks the same line, and it drew that line  three times in a single day. On September 5, 2024, the Office announced several Hatch Act  enforcement decisions, three of them concerning senior officials. It found that Secretary of the Navy  Carlos Del Toro — like Mr. Blanche, an officer appointed by the President by and with the advice  and consent of the Senate — violated the Act by advocating for and against presidential candidates  while appearing in his official capacity, and reported that violation to the President. It closed the  matter concerning Secretary of Education Miguel Cardona’s letter to student-loan borrowers,  observing that Secretary Cardona “does not refer to candidates, elections, or voting” even though  the letter stated that “Republican elected officials” are “siding with special interests.” The Steady  State discloses that the Office closed a third matter the same day, likewise without a violation  finding: a referral concerning former Attorney General William Barr and the Department’s public  statements about an election-fraud investigation. The Department’s statements in that matter named  the candidate for whom the discarded ballots had been cast, and the Department’s own Inspector  General later concluded that the United States Attorney’s statements violated Department policy,  including its election-year sensitivities guidance; this Office nonetheless closed the referral without a  violation finding. Both closures concerned communications issued through official channels. The  Office issued an advisory opinion the same day addressing when official agency communications  become political activity. It states that when an agency discusses topics such as pending legislation or  government policy, “references to a political party, without more, typically do not constitute political  activity under the Hatch Act,” and that a communication may cross the line where it “also references  voting or an upcoming election and/or … contains advocacy in support of, or opposition to, the  electoral prospects of a political party, partisan political group, or candidate for partisan political 

office.” The Office cautioned that each such case “turns on the specific facts involved.” The Steady  State does not contend that the advisory governs a conference appearance, which is not an official  agency communication; it cites the advisory for the line the Office itself has drawn. Mr. Blanche’s  remarks were delivered from a partisan conference stage: he spoke expressly of “win[ning],” credited  the audience with having “re-elected the president,” urged them to “continue to do your part,” and  did so in an extended exchange concerning voting and polling places.  

CPAC is a partisan political group within the meaning of the regulations — the  organization, not the event  

“Political activity” is defined at 5 C.F.R. § 734.101 as “[a]n activity directed toward the success or  failure of a political party, candidate for partisan political office, or partisan political group.” The  same section defines “partisan political group” as:  

“Any committee, club, or other organization which is affiliated with a political party  or candidate for public office in a partisan election, or organized for a partisan  purpose, or which engages in partisan political activity.”  

The definition is disjunctive, and the Office states the same three-part test in its own Hatch Act  FAQs. The organization that sponsors and operates CPAC — the American Conservative Union —  satisfies it, and the clearest evidence comes from this conference. In its own published results, CPAC  asked attendees to respond to the statement that “[h]elping Republicans maintain the majority in the  House and Senate should be the most important political goal.” Ninety-three percent agreed. The  same survey recorded attendees’ preferences in what CPAC itself described as the “2028 Republican  primary election for President,” and asked whether they favored “[i]nvesting in the National  Republican Party.” Federal Election Commission records also list an American Conservative Union  independent-expenditure filer — which the Commission identifies as a filer rather than a committee  (C90013236) — and an American Conservative Union Super PAC (C00505792), which reports no  receipts or disbursements this cycle. The Steady State does not assert, on the basis of those filings  alone, that either entity is the legal operator of the conference or is controlled by it. The organization  has published ratings of members of Congress since 1971. CPAC USA 2026 itself conducted a straw  poll of attendees on the next Republican nominee for President, reported by Reuters on March 28,  2026. In that poll about 53 percent of the more than 1,600 attendees who voted chose the Vice  President, and Reuters described the conference as one that “draws heavily from the Republican  Party’s conservative wing.” An organization that polls its attendees on a party’s presidential  nomination engages in partisan political activity.  

The program CPAC assembled for the same day bears on the same question. C-SPAN’s catalogue of  the conference describes another speaker’s remarks that day as addressing, among other subjects,  “the importance of supporting candidates in the midterm elections who align with President  Trump’s agenda” The Steady State does not attribute those remarks to Mr. Blanche, who is not  shown to have been present for them, and does not ask the Office to treat them as his. They bear 

only on whether the organization that assembled the program engages in partisan political activity  within the meaning of § 734.101.  

The Steady State does not, however, rest this complaint on the character of the venue. Whether the  organization satisfies § 734.101 bears on the circumstances in which Mr. Blanche spoke. The  conduct this complaint asks the Office to examine is his own.  

Political activity while on duty  

5 U.S.C. § 7324(a) provides that an employee may not engage in political activity “while the employee  is on duty.” Subsection (b)(1) permits an employee described in subsection (b)(2) to engage in  activity otherwise prohibited by subsection (a) “if the costs associated with that political activity are  not paid for by money derived from the Treasury of the United States.” Subsection (b)(2)(B)(ii)  describes a Senate-confirmed presidential appointee “who determines policies to be pursued by the  United States … in the nationwide administration of Federal laws.”  

The exception is therefore conditional, and the condition is a question of fact this Office is  positioned to resolve and the public is not. 5 C.F.R. § 734.503 excludes four categories of cost from  the reimbursement requirement, including the employee’s own compensation, government-owned or  leased real property, the compensation and expenses of employees required to accompany or assist,  and special security arrangements. The Steady State does not contend that those excluded costs give  rise to a violation. The question is whether any nonexcluded cost — including the allocable share of  any mixed official and political travel — was borne by appropriated funds and, if so, whether it was  reimbursed as the regulation requires.  

Equal application of the Act  

The Steady State asks that this matter receive the same standard the Office applies to other  Senate-confirmed officers. In a report transmitted to the President on September 5, 2024, the  Special Counsel found that the Secretary of the Navy — like Mr. Blanche, appointed by the  President by and with the advice and consent of the Senate — violated the Act by advocating for  and against presidential candidates while appearing in his official capacity, and by using his official  authority or influence for the purpose of affecting the result of an election. OSC File No.  HA-24-000104. The same statutory prohibition is the one the Office enforces in ordinary-employee  cases, including the settlements it announced on February 26, 2026 and the disciplinary complaints it  announced on August 20, 2026. The Office has applied that prohibition to Senate-confirmed  officials and to other federal employees alike, while the available disposition and statutory route vary  with the employee’s status and the facts. This complaint asks only that the same standard be applied.  

The Office has addressed a CPAC appearance before — and its prior decisions mark the  line  

This is not a novel setting for the Office. On May 1, 2018, in OSC File No. HA-18-2573, the Office  concluded that Federal Communications Commissioner Michael O’Rielly violated the Hatch Act 

through remarks made at CPAC on February 23, 2018, and issued him a warning letter. The Office’s  own letter records that Chairman Ajit Pai and Commissioner Brendan Carr participated on the same  panel, that the panel was titled “To Infinity and Beyond: How the FCC is Paving the Way for  Innovation,” and that the appearance “provided an opportunity to explain recent FCC decisions and  the underlying thinking on issues of interest to the organization.” What distinguished Commissioner  O’Rielly was what he said. Asked how to avoid policy reversals across election cycles, he answered  that “what we can do is make sure as conservatives that we elect good people to both the House, the  Senate, and make sure that President Trump gets reelected.” The Office concluded that he  “advocated for the reelection of President Trump in his official capacity as FCC Commissioner” and  therefore “violated the Hatch Act’s prohibition against using his official authority or influence to  affect an election.” As to Chairman Pai, the Office is reported to have written separately that, “after  considering all of the facts and circumstances surrounding the event,” he did not violate the Act “by  merely participating in the panel discussion in an official capacity.” The Steady State has not  obtained that letter and describes it as reported by The Daily Caller on May 18, 2018. Read together,  the two outcomes distinguish official participation at this conference, which is permitted, from  conduct within it that crosses into prohibited political activity.  

The Steady State states candidly how this matter differs. In that case the official said, in terms, that  conservatives should “make sure that President Trump gets reelected.” Mr. Blanche said nothing  that explicit. This complaint does not depend on an express electoral appeal. Section 7323(a)(1)  reaches the use of official authority or influence for the purpose of interfering with or affecting the  result of an election, and the sequence described above is what distinguishes this appearance from  Pai’s: Mr. Blanche spoke of what would follow “if we don’t win,” credited that audience with having  “re-elected the president,” urged them to “continue to do your part,” and moved from there into an  exchange about voting and polling places in which he described the Department’s own charging  activity. Whether it was undertaken for the purpose the statute describes is the question this  complaint asks the Office to answer.  

Anticipated responses  

The Steady State anticipates three responses and addresses them here rather than leaving them to be  raised.  

First, that Mr. Blanche appeared in an official capacity to discuss Department enforcement priorities,  and that identification by his title was therefore accurate rather than prohibited. That is the Pai  answer, and it is a good answer to a different case. The Office cleared Mr. Pai for “merely  participating in the panel discussion in an official capacity.” This complaint does not concern mere  participation. It concerns an official who, in the course of that participation, endorsed a partisan  characterization of how Americans vote, spoke of what would follow “if we don’t win,” credited the  audience with the last election, urged them to continue their part, and recited the Department’s  charging record against a named predecessor administration. The Office closed the Barr referral  with almost no published reasoning. The Steady State does not treat that closure as a rule that  official speech about election-fraud enforcement is categorically safe; it discloses the closure because 

it involved official statements about an election-fraud matter. The question is whether the setting of  this appearance, and the sequence of statements within it, take these remarks out of that class.  

Second, that the American Conservative Union is not a partisan political group. The Steady State  discloses that in an April 16, 2018 letter to Representatives Pallone and Doyle, the General Counsel  of the Federal Communications Commission wrote that “even though 501(c)(4)s like ACU are  permitted to participate in some political activity on behalf of or in opposition to candidates, they  are not ‘partisan political group[s]’” where “political activity is not their primary activity,” and that  “[t]he mere fact that the leadership or audience at an event may lean in one political direction does  not transform an organization into a ‘partisan political group.’” Four things bear on the weight of  that letter. It is the position of the Commission’s own counsel, taken in defense of the Commission’s  own members, and this Office did not adopt it — it separately found that Commissioner O’Rielly  violated the Act. It was written eight years before the conduct at issue and without the 2026 material  set out above. Its “primary activity” qualifier appears nowhere in § 734.101, which is satisfied by an  organization “which engages in partisan political activity.” And the proposition it rejects — that a  conservative audience converts a panel into political activity — is not the proposition this complaint  advances.  

Third, that purpose cannot be inferred from policy disagreement. The Steady State agrees, and does  not ask the Office to infer it from disagreement. The election at issue is the general election of  November 3, 2026. The question is whether remarks delivered from that stage, by the official then  supervising the Department’s election-related enforcement, were intended to lend the authority of  that office to a contested position about how the coming election should be administered and  policed. Whether the record ultimately supports that inference is for the Office to determine; The  Steady State submits only that the circumstances warrant the inquiry.  

The Steady State states the mechanism it asks the Office to examine rather than leaving it to  implication: whether official endorsement of a federal law-enforcement presence at polling places  was intended to affect who votes in that election, and so its result, rather than merely to describe an  enforcement policy. Enforcement against ineligible voters is a Department function. A purpose  inquiry is warranted only if the official endorsement of a federal immigration presence at the place  of voting was directed at who appears to vote — including eligible voters — and so at the result,  rather than only at who is legally entitled to a ballot. Section 7323(a)(1) reaches conduct directed at  the result of an election, and affecting the administration of an election is not automatically the same  thing. That is a distinction the Office should draw on a full record. The Steady State further  acknowledges that the phrase “if we don’t win,” standing alone, does not identify which election Mr.  Blanche had in mind, and does not ask the Office to resolve that ambiguity against him on the  present record.  

Sufficiency of the record  

The present public record is sufficient to warrant an investigation. That Mr. Blanche was an  employee subject to § 7323(a)(1); that he appeared at a partisan political conference under the title of 

his office; and that he there described the Department’s election-related enforcement and proposed  the deployment of federal immigration officers to polling places, are established by the recording, by  the conference’s own announcement of his appearance, and by the sources set out above.  What the public record does not resolve is the element of purpose. Section 7323(a)(1) reaches the  use of official authority or influence “for the purpose of interfering with or affecting the result of an  election.” Purpose may be inferred from conduct and from the circumstances of an appearance;  whether it should be inferred here is the question this complaint puts to the Office. That question,  and the separate question whether any nonexcluded cost was borne by the Treasury, should be  resolved on a record that includes what the public cannot reach: the scheduling and authorization  records, the internal communications preceding and following the appearance, any preparation  materials, and the travel and cost records.  

Requested action  

I therefore respectfully request that the Office of Special Counsel promptly take the following  actions.  

Preservation. Issue preservation directives to the Office of the Deputy Attorney General and the  Office of the Attorney General, the Department’s Office of Public Affairs, the designated agency  ethics official, and any component that participated in the appearance, covering, for the period  February 1 through April 15, 2026: communications with CPAC, the American Conservative Union,  or any affiliated entity or representative of either; scheduling, authorization, calendar, and advance  materials; any prepared remarks, talking points, or briefing materials; any request for or provision of  ethics advice concerning the appearance; travel authorizations, vouchers, and reimbursement  records; any photography or recording by Department personnel; and records associated with the  account identified as @DAGTODDBLANCHE together with any other account operated by or on  behalf of Mr. Blanche or any Department component that was used to arrange, promote, or  publicize the appearance, including any such account since renamed. Without regard to that period,  the directive should also reach any Department or interagency record treating the March 26  polling-place statement as contemplated policy.  

Investigative determinations. Determine the matters set out in the six questions above.  

Disposition and its statutory route. If the Office determines that disciplinary action is warranted  against an employee appointed by the President by and with the advice and consent of the Senate, 5  U.S.C. § 1215(b) provides that the complaint and the Special Counsel’s supporting statement,  together with any response of the employee, “shall be presented to the President for appropriate  action in lieu of being presented” to the Merit Systems Protection Board. The Office’s authority to  investigate is not conditioned on the identity of the employee: 5 U.S.C. § 1216 directs the Special  Counsel to investigate allegations of political activity prohibited under subchapter III of chapter 73.  

Written disposition. Advise The Steady State in writing of the disposition of this complaint and, if  the Office declines to investigate or closes the matter, of the reasons for that determination. 

Urgency  

Particular urgency attaches to preservation. The appearance drew limited attention when it occurred;  it became the subject of Senate oversight in July 2026, and it is that development, not the approach  of the election, that prompts this complaint. The Steady State does not suggest that this Office can  complete an investigation of a senior official’s purpose before the general election of November 3,  2026, and does not ask it to. What cannot wait is the record. The documents most likely to answer  the purpose question — scheduling communications, advance materials, travel vouchers — may be  subject to routine records-disposition schedules. A preservation directive issued now preserves the  Office’s ability to answer the question later.  

Conclusion  

This complaint does not assert that any identified person has committed a crime and does not urge  any particular disciplinary outcome. It asks the Office of Special Counsel to determine whether the  Deputy Attorney General of the United States used the authority and the title of that office, at a  partisan political conference on March 26, 2026, for the purpose of interfering with or affecting the  result of an election.  

Please confirm receipt of this complaint and advise, to the extent permitted by law, whether it has  been directed to the appropriate investigative components.  

Respectfully submitted,  

Steven A. Cash  

Executive Director, The Steady State

Previous
Previous

Complaint concerning Kash Patel, Director, Federal Bureau of Investigation — appearance with Rep. Derrick Van Orden

Next
Next

Hatch Act Complaint OSC Hegseth Iowa