Lina M. Khan by Brookings Institution
Federal Trade Commission (FTC) Chair Lina Khan is facing fresh scrutiny over her recent blitz along the campaign circuit with high-ranking Democrats, with numerous lawmakers insisting that Khan has leveraged her official authority to stump for partisan allies. On Monday, House Judiciary Chairman Jim Jordan (R-Ohio) and Sen. Mike Lee (R-Utah) released a joint letter expressing their dissatisfaction with Chair Khan’s electioneering, launching an inquiry into whether she “violated ethical standards to advocate for the election of partisan political candidates.”
Rather than focusing on consumer protection, Chair Khan has abandoned her post in an effort to help Democrats win. With her term as FTC commissioner having expired in September, this plot to harvest congressional support can only be viewed as a desperate attempt to cling to power should Kamala Harris win in November. Luckily, thanks to the efforts of House and Senate Republicans, Chair Khan’s election antics are being exposed as a weaponization of her official authority for partisan gain.
Americans for Tax Reforms applauds Rep. Jim Jordan and Sen. Mike Lee for shining a light on this abuse of power, which closely reflects Chair Khan’s past record of ethical ineptitude.
The last month has been a whirlwind for Chair Khan, who first appeared alongside Sen. Bernie Sanders (D-Vt.) and Rep. Greg Casar (D-Texas) to lament about “corporate power” and “worker freedom” with Texas labor leaders in late September. This was followed by an appearance with Rep. Raja Krishnamoorthi (D-Ill.) at an event hosted by a Chicago chapter of the United Food and Commercial Workers (UFCW) union. Lastly, Khan headed to Arizona to supplement Rep. Ruben Gallego’s (D-Ariz.) bid for the Senate. While a busy week, this is not the first time that Khan has consorted with activist lawmakers. In previous months, Khan has stumped for a number of prominent Democrat lawmakers, visiting Rep. Alexandria Ocasio Cortez (D-NY) and Sen. John Hickenlooper (D-CO) in their respective states.
In their letter, Chairman Jordan and Sen. Lee took immediate issue with Chair Khan’s “campaign-style tour”, reminding her that “federal law and FTC ethics rules prohibit [her] from participating in political events, and from using appropriated funds for any political activity.” In particular, both lawmakers acknowledged Chair Khan’s possible violation of the Hatch Act, a federal ethics regulation limiting the ways in which government employees can participate in political activities. As the letter noted, the FTC’s Office of General Counsel’s guidance prohibits agency officials from “us[ing] official authority…while engaged in political activity”, calling into question the legality of Chair Khan’s stint in the “campaign gauntlet.”
Given her dubious adherence to these regulations, Chairman Jordan and Sen. Lee concluded that Chair Khan has “created the appearance that [she is] using [her] official position to advocate for the election of certain Democrat candidates.” By referencing her colorful record of flaunting federal ethics standards, this conclusion is quite well founded. The letter acknowledged her “history of ignoring agency ethics advice concerning the appearance of partiality” during an FTC investigation of Meta in 2023, as well as numerous FTC staff complaints citing Chair Khan as “the bottleneck that has prevented the FTC from successfully protecting consumers and bringing successful cases.” Throughout her tenure as FTC czar, Chair Khan has never been one to let ethical restraints stand in the way of a partisan political agenda. Similar to her past abuses of power, her recent campaign tour is yet another example of Chair Khan prioritizing personal career ambitions over American consumer welfare.
Throughout the halls of Congress, lawmakers are working to expose Chair Khan’s self-serving campaign antics. Earlier this month, the House Committee on Oversight and Accountability continued its investigation into the politicization of the FTC as well, condemning Chair Khan’s “partisan political activities with numerous Democrat congressional candidates”, which have undermined the agency’s “independence and its mission to protect American consumers regardless of partisan affiliation.” Now, with House and Senate Judiciary Watchdogs on notice as well, Chair Khan’s partisan electioneering will surely be brought back in line with federal ethics standards.
While American consumers suffer through the closing days of the Biden-Harris administration, the nation’s top antitrust cop is doing everything she can to not go down with the ship. Instead of making her rounds on the campaign circuit, Khan should honor her responsibilities to the American public.
Americans for Tax Reform applauds Chairman Jim Jordan and Sen. Mike Lee for reigning in Chair Khan’s partisan electioneering and restoring ethical accountability to the FTC.
