Biden's Social Security Chief Martin O’Malley violated the Hatch Act

 May 17, 2025

Former SSA Commissioner Martin O’Malley got caught with his hand in the political cookie jar. A federal watchdog ruled he violated the Hatch Act by nudging voters against Donald Trump during an interview.

The U.S. Office of Special Counsel wrapped up its probe on May 16, 2025, concluding O’Malley misused his authority, according to The Hill

The investigation kicked off after a complaint was filed on October 23, 2024, following his chat with a North Carolina radio station. Turns out, actions have consequences.

In a seven-minute interview with WPTF Morning News in Raleigh, O’Malley mostly stuck to his Social Security script. But when host Chris Edwards asked about his key takeaway, he veered into election territory. That’s where the trouble started.

O’Malley’s Risky Radio Remarks

O’Malley declared Social Security was “here for the long haul” and stressed keeping it strong for future generations. Then he took a swipe, claiming Trump’s proposals would drain the program dry. Not exactly a neutral stance for a federal official.

“I certainly can’t tell anybody who to vote for, but I can tell you that the proposals that are coming from Donald Trump would quickly deplete Social Security,” O’Malley said. Nice try with the disclaimer, but the damage was done. The OSC saw through the flimsy hedge.

“The only plausible conclusion to draw from Mr. O’Malley’s comments is that, while speaking in his capacity as SSA Commissioner, he explicitly told listeners that they must vote against President Trump to preserve Social Security,” the OSC stated. That’s a textbook Hatch Act violation. No sugarcoating it.

To his credit, O’Malley fessed up to SSA ethics officials after the interview. But when the OSC came knocking, he clammed up and didn’t cooperate. Hard to play the accountability card when you dodge the follow-through.

Since O’Malley had already left government service, he dodged any disciplinary action. The OSC sent its findings to the White House, likely as a warning to others. It’s a free pass, but the stain on his record remains.

The Hatch Act exists to keep federal employees from turning their desks into campaign podiums. O’Malley, a former Maryland governor, should’ve known better. Experience doesn’t always equal wisdom.

OSC’s Shifting Landscape

This investigation marked the first Hatch Act review since President Trump ousted OSC head Hampton Dellinger. Dellinger, a Biden appointee, fought to keep his post, claiming his removal was illegal. Lower courts briefly backed him, but an appeals court shut down his bid to stay on during litigation.

Dellinger eventually threw in the towel. Since his exit, the OSC has flipped its stance on some issues, including Trump’s authority to fire probationary federal workers. It’s a new day at the watchdog’s office, and the tone feels different.

“I hope that the Report can be used by your Administration to educate incoming officials to help ensure compliance with the Hatch Act,” wrote Charles N. Baldis, OSC senior counsel. A polite nudge to keep the guardrails up. Let’s hope it sticks.

“But to govern is to choose. Everybody has a choice to make,” O’Malley said in the interview. Ironic words from someone who chose poorly and got called out for it.

The SSA’s mission is to serve, not to sway. O’Malley’s comments undermined that trust, reminding us why neutrality matters in public service. Here’s hoping future officials take note and stick to the script.

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