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Carr Sees No Violation

House Democrats Seek Ethics Probe of Carr's Involvement in Project 2025

Stop Project 2025 Task Force founder Rep. Jared Huffman of California and 15 additional House Democrats asked FCC Inspector General Fara Damelin and other federal watchdogs Wednesday to investigate “potential ethics violations” by Republican FCC Commissioner Brendan Carr related to his writing the telecom chapter of the Heritage Foundation’s Project 2025 manifesto. Carr, seen as the front-runner to lead the FCC if former President Donald Trump wins a second term (see 2407120002), urged in the Project 2025 chapter to roll back Communications Decency Act Section 230 protections for tech companies, deregulate broadband infrastructure and restrict Chinese companies. Trump has disavowed Project 2025 and its proposals.

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We are concerned that Commissioner Carr may be misusing his official position as an executive-level employee of the FCC to craft and advance a political playbook to influence the presidential election in favor of” Trump, which could violate the Hatch Act and Standards of Ethical Conduct for Employees of the Executive Branch, Huffman and the Democratic lawmakers said in a letter to Damelin and Office of Government Ethics acting Director Shelley Finlayson. The letter also addresses the U.S. Office of Special Counsel but references its former leader, ex-Special Counsel Henry Kerner. He left that job in October to become a U.S. Merit Systems Protection Board member. Hampton Dellinger is the current U.S. special counsel.

Project 2025 “lays out a detailed road map for a conservative presidential administration to consolidate power in the presidency and gut checks and balances,” Huffman and other Democratic lawmakers wrote. “It is alarming that Commissioner Carr was one of many Trump appointees to participate in this endeavor. Although federal employees may certainly express their private opinions or engage in political activity in their personal capacity, they may not do so in their official capacity. Despite this requirement, Commissioner Carr used his official title to author the chapter of Project 2025 about the FCC.”

The Democratic lawmakers claim Carr may have violated the Hatch Act when he used his FCC office and government-issued computer to work on the chapter. Getting the assistance of “official time and resources of other federal employees” also could be problematic, they wrote. There's “ample evidence that Project 2025 is a partisan effort to support a conservative candidate and influence the election,” which would also violate the law, the lawmakers said: “It would not be a stretch to say that Project 2025 supports the Republican Party and the election of a new GOP President.” It “is deeply troubling that Commissioner Carr would use his official title and position to author part of the political playbook for a Republican presidential candidate,” the lawmakers said. “At the very least, it creates an appearance of impropriety.”

In a statement, Carr countered that he “sought guidance from the FCC’s career ethics officials before writing the chapter. The FCC’s career ethics official approved of me participating in my personal capacity, which I did. And I made clear to Heritage that I would only be participating in my personal capacity. As to my title, the FCC’s career ethics official said that I could include my current position in any bio I supplied to Heritage along with other biographical details, and that is what I did.”