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Justice Department Memo Clarifies Rules for Top Appointees to Engage in Political Activities

A new Department of Justice memo specifies that Senate-confirmed appointees are exempt from certain ethics restrictions, allowing them to speak at political rallies and endorse candidates in their personal capacities.

Published October 10, 2026 at 2:20 AM EDT

The short answer

A new Department of Justice memo specifies that Senate-confirmed appointees are exempt from certain ethics restrictions, allowing them to speak at political rallies and endorse candidates in their personal capacities.

Justice Department Memo Clarifies Rules for Top Appointees to Engage in Political Activities

The Facts

Who
Assistant Attorney General Jolene Ann Laurie, Attorney General Todd Blanche, and other Senate-confirmed presidential appointees.
What
The Department of Justice issued a memo clarifying ethics guidelines to specify that Senate-confirmed appointees may participate in partisan political activities in their personal capacities.
When
The week of October 5, 2026.
Where
Washington, D.C.
Why
The memo was issued to clarify exceptions under the Hatch Act following scrutiny of Attorney General Blanche's recent appearances at Republican political events.

The U.S. Department of Justice (DOJ) has issued internal guidance stating that the attorney general and other high-level political appointees may participate in partisan political activities. The memo, authored by Assistant Attorney General Jolene Ann Laurie, specifies that presidential appointees confirmed by the Senate (PAS) are exempt from more stringent restrictions that govern other senior officials. Under these rules, these appointees may address political rallies, endorse candidates, and serve as delegates or officers of a national political party, provided they do so in their personal capacities.

The update marks a shift from policies established during the Biden administration. In 2022 and 2024, then-Attorney General Merrick Garland implemented a ban on non-career appointees attending partisan events, even in a personal capacity. The Garland-era policy also encouraged appointees to avoid public appearances in states shortly before elections. Former Attorney General Pam Bondi had previously rescinded some of these restrictions to allow for attendance at rallies and fundraisers, but the new memo adds language explicitly exempting PAS officials from prohibitions on endorsing candidates or addressing rallies.

The new guidance follows several political appearances by Attorney General Todd Blanche. In September 2026, Blanche addressed the Republican National Midterm Convention and appeared at a rally in North Carolina for Republican Senate candidate Michael Whatley. Blanche stated he is not violating any laws or rules, noting his appearances were cleared by ethics officials and performed in his personal capacity. A department spokesperson said the memo clarifies existing exceptions under the Hatch Act, a law that limits the political activities of federal employees to prevent them from using their official authority to influence elections.

The change for federal workers in PAS roles is the removal of the requirement to remain passive at political events. While career employees in "further restricted" positions—such as administrative law judges and those in the Criminal Division—remain barred from endorsing candidates or addressing rallies, PAS officials are now explicitly exempt from these prohibitions in the memo. Critics, including Richard Painter, a former White House ethics lawyer for George W. Bush, argued that this blurring of boundaries between law enforcement and politics threatens the appearance of impartiality. The watchdog group Public Citizen filed a complaint regarding Blanche's participation in a New York event alongside Republican candidates.

The new guidance removes previous recommendations that appointees avoid public appearances in states shortly before an election, replacing them with a statement that such appearances warrant "heightened scrutiny." What happens next depends on the enforcement of the Hatch Act by the Office of Special Counsel. The new guidelines were distributed in a memo during the week of October 5, 2026.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. 2022

    Merrick Garland institutes strict ban on appointee participation in political events.

  2. 2023

    U.S. Attorney Rachael Rollins resigns following ethics investigation into political activity.

  3. 2024

    DOJ memo reaffirms ban on political appointees attending partisan events.

  4. April 2026

    President Trump dismisses Attorney General Pam Bondi.

  5. September 9, 2026

    Attorney General Todd Blanche speaks at the Republican National Midterm Convention.

  6. September 15, 2026

    Blanche holds a briefing at the White House Rose Garden.

  7. September 16, 2026

    Blanche introduces Donald Trump at a North Carolina rally for a Senate candidate.

  8. October 9, 2026

    Updated DOJ ethics memo released exempting Senate-confirmed appointees from restrictions.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Justice Department Memo Clarifies Rules for Top Appointees to Engage in Political Activities?

The Department of Justice issued a memo clarifying ethics guidelines to specify that Senate-confirmed appointees may participate in partisan political activities in their personal capacities.

Who is involved?

Assistant Attorney General Jolene Ann Laurie, Attorney General Todd Blanche, and other Senate-confirmed presidential appointees.

When did this happen?

The week of October 5, 2026.

Where did this happen?

Washington, D.C.

Why does this matter?

The memo was issued to clarify exceptions under the Hatch Act following scrutiny of Attorney General Blanche's recent appearances at Republican political events.