Campaign Legal Center's Delaney Marsco says the FBI video is not compliant with the Hatch Act
Delaney MarscoDirector of ethics, Campaign Legal Center
Marsco says the video's party labels and named candidates make it a potential Hatch Act violation, and that it should not shock anyone that it does not comply with the law.
Responding to
The FBI's video is prohibited political activity under the Hatch Act because it advocates against the election of the candidates it names.
“It shouldn’t shock anyone that this is not compliant with the Hatch Act.”
Reporting
Reporting
Where this statement fits
FBI posts, then deletes, a video calling Democrats the 'defund the police crowd'; watchdogs say it violated the Hatch Act
On October 6, 2026, the FBI's Rapid Response account on X posted a two-minute video that labeled Kamala Harris, Alexandria Ocasio-Cortez, Ilhan Omar, Cori Bush and Michigan Senate nominee Abdul El-Sayed as part of the "defund the police crowd" and credited Director Kash Patel with a rise in violent crime arrests. Citizens for Responsibility and Ethics in Washington filed a Hatch Act complaint with the Office of Special Counsel that day, and the FBI later deleted the post. On October 15 the Democracy Defenders Fund asked three federal watchdogs to investigate the video and who approved it. The FBI did not respond to The Hill's request for comment.
Source and context
Reporting
About this source
The Hill's report on the video and the complaint, quoting the FBI post, CREW's filing and president Donald Sherman, Delaney Marsco of the Campaign Legal Center, and Abdul El-Sayed's earlier remarks to Politico.
Archived copy (opens in a new tab)Reporting
About this source
Raw Story report on the FBI's removal of the video, CREW's reaction and Donald Sherman's statement that the Office of Special Counsel had opened an investigation.
Before the quotation
Marsco told The Hill that talking about defunding the police is not what makes the video problematic, but that bringing in party language and specific candidates makes the government messaging a potential Hatch Act violation. She said references to political parties made in an inflammatory way close to an election count as political activity.
After the quotation
The Hill reports that the video came shortly after Patel suggested on Fox News how viewers should vote in the midterms.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is the FBI's October 6, 2026, video and post naming Democratic officials and candidates as the "defund the police crowd" while praising Director Kash Patel. Marsco, an ethics lawyer, says the video does not comply with the Hatch Act.
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More from this case
Read the full caseDemocracy Defenders Fund asks for Hatch Act penalties over the FBI video, up to removal from federal service
Democracy Defenders Fund
“The FBI’s promotional video has no place in a democratic society. We therefore request that the Office of Special Counsel (OSC) open an investigation into this matter and request that you seek appropriate penalties, including up to removal and debarment from federal employment, for employees deemed to have violated the Hatch Act.”Read statement
CREW calls the FBI video a clear violation of the Hatch Act and asks the Office of Special Counsel to investigate
Citizens for Responsibility and Ethics in Washington
“This is a clear violation of the Hatch Act. We just asked the OSC to investigate.”Read statement
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- Campaign Legal Center's Delaney Marsco says the FBI video is not compliant with the Hatch Act
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The Dispute Index. "Campaign Legal Center's Delaney Marsco says the FBI video is not compliant with the Hatch Act". First published: 2026-10-21. Last updated: 2026-10-21. https://disputeindex.com/events/6428-marsco-says-the-video-s-party-labels-and