FBI post featuring El-Sayed runs afoul of Hatch Act, say experts

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The Hill's Headlines | PM - October 7, 2026

The Hill's Headlines | PM - October 7, 2026

A new video from the FBI has spurred complaints the bureau has violated the Hatch Act by labeling Democrats – including current Michigan Senate candidate Abdul El-Sayed – as part of the “defund the police crowd.”

The video does not mention the election outright and also credits FBI Director Kash Patel with arresting violent criminals and seizing fentanyl.

But experts say it clearly runs afoul of electioneering laws that prohibit federal employees from making such statements in a government capacity.

“Although the video does not direct viewers to vote for or against a candidate, its message that the candidates’ policies ‘failed’ and ‘Americans were left exposed’ is advocacy against their election that violates the Hatch Act,” Donald Sherman, president and CEO of Citizens for Responsibility and Ethics in Washington wrote on X.

“The video’s mention of El-Sayed as ‘Progressive Democrat, Senate Nominee’ clearly invokes the election. He is not a current gov’t official & his inclusion has no other purpose than to advocate for success or failure of a partisan candidate – a clear Hatch Act violation.”

The video, shared by the FBI’s rapid response account on X on Tuesday, is over two minutes long and features the faces of a number of prominent Democrats, including former Vice President Kamala Harris, Reps. Alexandria Ocasio-Cortez (N.Y.) and Ilhan Omar (Minn.), as well as former Missouri Rep. Cori Bush.

“The DEFUND THE POLICE crowd wanted America to ‘reimagine........

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