Hatch Act Complaint — Treasurer of the United States Brandon Beach; Department ofthe Treasury official TikTok video posted October 14, 2026

October 17th, 2026

THE STEADY STATE 

October 17, 2026 

U.S. Office of Special Counsel 

Hatch Act Unit 

1730 M Street, N.W., Suite 218 

Washington, D.C. 20036-4505 

Filed via electronic mail to: hatchact@osc.gov 

Re: Hatch Act Complaint — Treasurer of the United States Brandon Beach; Department of  the Treasury official TikTok video posted October 14, 2026 

To Whom It May Concern: 

I write on behalf of The Steady State to ask the U.S. Office of Special Counsel to review conduct by  Treasurer of the United States Brandon Beach under the Hatch Act, 5 U.S.C. §§ 7321–7326. The  Steady State is an organization of more than 450 former national security, intelligence, diplomatic,  military, law enforcement, and homeland security officials. 

The conduct. 

On Wednesday, October 14, 2026 — twenty days before the November 3 general election — the  Department of the Treasury’s official TikTok account, @ustreasury, posted a video in which Treasurer Beach, identified on screen by his official title, promotes the semiquincentennial $1 coin bearing  President Trump’s portrait. In it, he says, holding up the coin: 

“This is the Trump dollar coin. It’ll be in the banks next month. And I want to  challenge you to go get a roll of Trump dollar coins next month. And then I want you  to go to your favorite liberal coffee shop with your Trump dollar coins, buy a cup of  coffee, and watch their heads explode. They will not like it, but I love it. And I love this president and I love this coin.” 

The video opens with Treasurer Beach entering a building whose entry mat bears the Treasury seal and the words “United States Mint,” beside a dollar-coin exchange machine. As he says “liberal coffee  shop,” the video cuts to stock footage of a barista; as he says “watch their heads explode,” it shows an  explosion graphic. On October 15, Treasurer Beach reposted the video (archived) on his X account,  which displays his official title, with the caption “I love this president and I love this coin.” The same  day, quoting a Fox Business post headlined “Treasury Official Urges Americans to Spend Trump $1  Coins at ‘Liberal Coffee Shops,’” he wrote (archived): “I can’t wait to see the new Trump $1 coins  making their way into coffee shops and communities across the country.” The video was reported by  Fox Business (archived) and Newsweek (archived). 

The U.S. Office of Special Counsel’s own standard. 

Less than three weeks before this video was posted, the U.S. Office of Special Counsel issued its Hatch  Act Assessment and Advisory: Partisan Agency Communications During the 2025 Lapse in  Appropriations (Sept. 25, 2026) (archived). The advisory states that its analysis also applies to  complaints about agency communications that name a political party but are unrelated to the shutdown. Id. at 1 n.2. It reaffirms that “[a] communication need not contain express electoral  advocacy” to constitute political activity, id. at 7, and it directs the analysis to four factors: whether the communication had “a clear, contemporaneous non-electoral purpose”; its timing, particularly “its  proximity to a relevant election”; its tone, “including whether it used inflammatory or insulting  language”; and its dissemination, “including the intended audience and the scale of distribution.”  References to a party that are “gratuitous, made close to an election, and framed as an attack on a  party,” the advisory concludes, are likely to be political activity. Id. at 9. The advisory adds that “the  derogatory tone and broad dissemination of some communications might weigh in favor of finding  that their purpose went beyond influencing legislation to affecting the outcome of future elections, a  purpose the Hatch Act prohibits.” Id. Neither reason the U.S. Office of Special Counsel gave for  closing the shutdown matters applies here. The advisory was issued before this video was posted, so the Department could not have relied on the superseded guidance; and this complaint concerns a single,  identified communication whose review would not tax the Office’s “limited resources.” Id. at 1. 

Taken together, these factors warrant review. Promoting a commemorative coin is a legitimate  purpose, but the instruction to take the coin to a “liberal” business to make “their heads explode”  serves no part of it; it is gratuitous. The video was published twenty days before a federal general  election. Its language is a taunt aimed at people identified by their politics. And it was distributed  publicly through an official Department account carrying the Treasurer’s official title; as of October  16, 2026, the TikTok post showed more than 52,000 likes and 34,000 shares, and Treasurer Beach’s  repost on X more than 722,000 views. The Hatch Act exists, as the advisory notes, “to prevent the use  of federal power and taxpayer resources to shape electoral outcomes.” Id. at 7. 

The administration’s own usage supports reading “liberal” as a reference to the Democratic  Party. 

The video does not say “Democrat,” but the administration’s own official communications use the  two words interchangeably. On September 2, 2026, the White House published “Ten Times Extreme  Liberal Democrats in Congress Put Their Dangerous Agenda Ahead of the American People”  (archived), which uses the phrase “Extreme Liberal Democrats” throughout and refers to “the Extreme Liberal Democrat Party.” Two days later, the President linked that release (archived) under the words  “The Extreme Liberal Dumocrats are OUT OF THEIR MINDS!” The Department of the Treasury  has done the same: its December 10, 2025 press release “Liberal States Blocking Historic Tax Cuts for  Hardworking Americans and Workers” (archived) describes the same jurisdictions both as “Democrat led states” and as “liberal strongholds.” During the 2025 lapse in appropriations, the Department’s  website blamed the shutdown on “[t]he radical left,” and the Department of Veterans Affairs’ press  secretary told reporters (archived) that “[r]adical liberals in Congress are trying to shut down the  government.” Read against that usage, an instruction from a Treasury official, on a Treasury account,  to provoke “liberal[s]” weeks before an election is reasonably understood as directed at the opposing  party. 

The message promotes the governing party’s leader while taunting its opponents. 

In a single official communication, Treasurer Beach promotes a coin bearing the portrait of the  President, a Republican, declares “I love this president,” and urges viewers to use that coin to make  “liberal[s]” react with anger, twenty days before an election in which control of Congress is at stake.  Political activity includes activity directed toward the success or failure of a political party. 5 C.F.R. §  734.101. Promoting a commemorative coin is a legitimate official function; joining that promotion to  praise of the governing party’s leader and a taunt aimed at its opponents, on an official account weeks  before a federal election, is the kind of gratuitous, election-proximate attack the September 2026  advisory identifies as likely political activity. 

The U.S. Office of Special Counsel has applied this standard before. 

In 2023 the U.S. Office of Special Counsel found that then–White House Press Secretary Karine Jean Pierre violated the Hatch Act by referring to “mega MAGA Republican officials” in official briefings  before the 2022 midterm elections. It concluded that, although she “never expressly instructed viewers  to vote for or against Republican candidates,” the “timing, frequency, and content” of the references  “established that she made those references to generate opposition to Republican candidates,” and that the statements, made in her official capacity, used official authority to affect an election. That matter is  not a close factual match; it is cited for how the U.S. Office of Special Counsel drew an inference from  timing, content, and official capacity. The same rule should apply when the label is aimed at the other  party. 

This complaint concerns a single communication, not the repeated references at issue in that matter.  We note that difference. But the September 2026 advisory does not identify repetition as a  prerequisite, and this communication was posted publicly on an official Department account. 

Questions for the U.S. Office of Special Counsel. 

First, whether the video is political activity under 5 C.F.R. § 734.101, applying the factors in the  September 2026 advisory. Second, whether Treasurer Beach used his official authority or influence to  interfere with or affect the result of an election, in violation of 5 U.S.C. § 7323(a)(1) and 5 C.F.R. §  734.302. Third, whether the activity occurred on duty or in the workplace, in violation of 5 U.S.C. §  7324(a) and 5 C.F.R. § 734.306 — a question that reaches both Treasurer Beach and the Department  employees who scripted, recorded, approved, and posted the video, which appears to have been  recorded in a Department facility. 

Requests. 

We respectfully ask that the U.S. Office of Special Counsel (1) open a file and review this matter; (2)  ask the Department of the Treasury to preserve all drafts, scripts, approvals, and communications  concerning the video, together with its reach and engagement data, including any communications  with the White House, a political party, or a campaign; (3) advise the Department whether the video  may remain posted while the matter is reviewed; and (4) provide a written disposition. Please confirm  receipt of this complaint. 

Respectfully, 

Steven A. Cash 

Executive Director 

The Steady State 

Bethesda, MD 20816 

cashs@thesteadystate.org 

(212) 685-9660 

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