Office of Special Counsel

The Office of Special Counsel (OSC) is an independent federal agency that enforces the Hatch Act, the 1939 law restricting executive branch employees from engaging in partisan political activities using government resources. OSC came into focus in May 2026 following the launch of TrumpIRA.gov via executive order on 30 April, raising the question of whether a presidential-branded government consumer product constitutes prohibited partisan activity during a midterm election window . No formal investigation had been confirmed as of 7 May 2026.

The OSC was established under the Civil Service Reform Act of 1978 as an independent investigative and prosecutorial body. Its director is appointed by the President for a five-year term; the agency is structurally independent of the Justice Department. OSC handles three core functions: Hatch Act enforcement against federal employees, prohibited personnel practice investigations (whistleblower protections), and merit system violations. In practice, high-profile Hatch Act cases — particularly those involving senior officials — require OSC to weigh the political context before initiating formal proceedings.

OSC's jurisdiction over the TrumpIRA.gov question turns on a novel fact pattern: the product is a government service, not a campaign communication, but bears the sitting president's name during a campaign cycle. Prior OSC guidance has addressed government employees using their positions for political ends; whether an executive order product falls within that guidance has not been publicly tested at this level.