New DOJ memo relaxes political activity limits for Attorney General Blanche and other Senate-confirmed appointees

What happened

The Justice Department has issued updated internal guidance that makes it easier for Attorney General Todd Blanche and other Senate-confirmed appointees to take part in political activity, PBS News reported after obtaining the memo. The document allows those officials to address political gatherings and endorse or oppose candidates.

CBS News reported that the memo was sent this week by Assistant Attorney General Jolene Ann Laurie. According to CBS, it permits these appointees to speak at rallies, canvass for votes and even serve as delegates or officers of a national political party, as long as they act in a personal capacity.

What the memo changes

Who is covered

CBS News reported that the guidance applies to the attorney general, the deputy attorney general, assistant attorneys general, the FBI director, U.S. attorneys and others. The memo states that these presidentially appointed, Senate-confirmed employees are exempt from stricter rules placed on some other DOJ staff, such as administrative law judges and Criminal Division employees.

New wording in an old document

PBS News reported that the ethics office circulates this memo from time to time to remind employees of limits under the Hatch Act, the law governing political activity by federal workers. Earlier versions said people in "further restricted" roles, such as the Senior Executive Service, could not address political rallies or endorse candidates. The new version adds a line exempting presidential appointees confirmed by the Senate, a distinction PBS said recent versions did not make.

The October memo also drops a recommendation that employees avoid appearing with candidates at official events shortly before an election, according to PBS. Instead, it says such appearances "warrant heightened scrutiny" and points to factors the Office of Special Counsel uses to decide whether an event is official or political.

How the rules have shifted

PBS News reported that the Hatch Act exception for Senate-confirmed appointees is written into the law itself and is not new. However, DOJ appointees have historically held themselves to a tighter standard. Under former Attorney General Merrick Garland, all political appointees were subject to the "further restricted" rules, PBS reported.

CBS News cited a 2024 memo stating, "Non-career appointees may not attend any partisan political events, even in their personal capacities." That memo also advised appointees to avoid public appearances in a state shortly before an election there when practicable. Former Attorney General Pam Bondi loosened those rules by allowing political appointees to attend rallies and fundraisers, and CBS said the new memo goes further. For more national coverage, see our Nation section.

Blanche's appearances and the response

Recent events

PBS News reported that Blanche introduced President Donald Trump at an election rally for a Senate candidate in North Carolina. PBS also published a photo of Blanche at a Sept. 16, 2026, campaign rally for Republican Senate candidate Michael Whatley at Gastonia Municipal Airport. He appeared at the Republican National Midterm Convention in Dallas on Sept. 9, 2026, and sat beside Sen. Darline Graham, who is on the November ballot, at a violent crime roundtable in South Carolina.

CBS News reported that Blanche said of his appearances at these events, "I am not in any way violating any rule or law," adding that they were done in his personal capacity.

Department and critics

A DOJ spokesperson told PBS the update "clarifies an existing exception under the Hatch Act for Presidentially-appointed, Senate-confirmed officials" and does not change the rules. The spokesperson said appearances with partisan candidates should be reviewed by ethics officials.

Joseph Tirrell, who led the DOJ's Departmental Ethics Office before his dismissal last year, told PBS the change lowers the bar to the Hatch Act minimum. He wrote that "Americans can no longer trust that Department decisions and actions are made fairly and without regard to political affiliation." Tirrell also said he believes Blanche's appearances still violate a separate Hatch Act ban on using official authority to influence elections. Follow more on the midterms in our elections coverage.

What to watch next

• The November midterm elections, including races such as that of Sen. Darline Graham, who PBS reported is on the ballot.
• How DOJ ethics officials review appointees' appearances with partisan candidates, which the department says should be vetted.