Rep. Zach Nunn, left, and Secretary of Defense Pete Hegseth pose for a photo Monday after Hegseth endorsed Nunn’s reelection campaign at the Iowa State Fair in Des Moines.
DES MOINES — Defense Secretary Pete Hegseth told the crowd at U.S. Rep. Zach Nunn’s ticketed Iowa State Fair campaign fundraiser that, “according to the lawyers, I’m only here in a personal capacity.”
The Senate-confirmed Cabinet secretary took the stage, endorsed the Iowa Republican’s reelection, praised Nunn as an ally of President Donald Trump and the Pentagon, and invoked his work as defense secretary while advocating for the administration’s proposed $1.5 trillion defense budget.
His participation raises questions under the Defense Department’s own political-activity rules, which impose restrictions on Senate-confirmed officials beyond those governing many federal employees.
A February 2026 department guidance document identifies presidential appointees confirmed by the Senate as “further restricted” and says they may attend political rallies, meetings and fundraisers but may “not actively participate.” It prohibits political activity “in concert” with a candidate, speaking at a campaign rally for a partisan candidate and speaking at a fundraiser on behalf of a candidate.
Richard Painter, a University of Minnesota law professor who served as chief White House ethics lawyer under President George W. Bush
Richard Painter, a University of Minnesota law professor who served as chief White House ethics lawyer under President George W. Bush, said the key distinction is that, regardless of what the Hatch Act permits some senior political appointees to do, the Pentagon historically has imposed stricter limits.
“This departs from the Defense Department guidelines,” Painter told The Gazette. “The Defense Department historically has been stricter, as has the State Department … than other departments of the government like transportation. And so defense department officials historically have not engaged in active roles in events, as opposed to just attending.”
The Pentagon declined to explain how Hegseth’s participation complied with those provisions.
“There is a cost of doing very difficult things,” Defense Secretary Pete Hegseth told an Iowa State Fair crowd as he honored Iowans killed overseas and defended the U.S.-Iran conflict.
The Gazette asked whether department ethics attorneys approved the appearance; what restrictions were placed on Hegseth; what government resources were used; who paid for or reimbursed his travel; and whether the department had received or referred any complaint to the U.S. Office of Special Counsel. The Gazette also asked how the department reconciles Hegseth’s endorsement with its February guidance.
“We have nothing to provide beyond the Secretary’s remarks,” the department responded.
What happened at ‘Top Nunn’
Hegseth joined Nunn, of Bondurant, Monday at JR’s SouthPork Ranch for “Top Nunn,” the congressman’s annual “Top Gun”-themed campaign fundraiser and veteran-appreciation event.
The event honored military members, veterans and Gold Star families, with a portion of ticket sales benefiting veteran-support organizations. Tickets ranged from $26 to $3,500 for six admissions and VIP reception access.
Hegseth spoke about five Iowans killed overseas during the past year and attending dignified transfers at Dover Air Force Base. He defended U.S. military operations against ISIS and Iran.
Secretary of Defense Pete Hegseth endorses Rep. Zach Nunn’s reelection campaign Monday at the Iowa State Fair in Des Moines.
But his remarks also turned to electoral politics.
Hegseth endorsed Nunn, who faces Democratic state Sen. Sarah Trone Garriott of West Des Moines in Iowa’s competitive 3rd Congressional District, and praised him as an ally on defense policy.
Hegseth pressed Congress to approve Trump’s proposed $1.5 trillion defense budget, saying military superiority “requires investment” and “also requires votes and tough votes.” He praised Nunn’s understanding of cybersecurity, artificial intelligence and other military priorities and touted changes he has implemented at the Pentagon.
Nunn’s campaign did not answer The Gazette’s questions about how Hegseth’s appearance was arranged, whether it coordinated with his staff about the endorsement, whether Hegseth attended the VIP reception or whether the campaign reimbursed travel expenses.
Instead, a campaign spokesperson emphasized Nunn’s support for veterans and military families.
Rep. Zach Nunn delivers remarks Monday on the Des Moines Register Political Soapbox at the Iowa State Fair in Des Moines.
“Operation Top Nunn salutes America’s heroes who proudly wear the uniform to defend our values. This year was no different,” the campaign said, citing partnerships with Helping a Hero, Folds of Honor Iowa and Salute to the Fallen.
“It’s disappointing to see partisans try to politicize an event dedicated to supporting those who have sacrificed so much for our country,” the campaign said.
Promotional materials for Monday’s rescheduled event reviewed by The Gazette did not mention Hegseth. Materials for the original March event, however, prominently advertised Hegseth’s planned appearance before it was postponed following an Iranian drone strike that killed Iowa service members in Kuwait.
Hatch Act vs. Pentagon policy
The Hatch Act, enacted in 1939, limits certain political activities of federal employees to help keep government administration nonpartisan and prevent the use of official authority to affect elections.
The law provides a limited exception for certain presidential appointees confirmed by the Senate whose responsibilities continue around the clock. Such officials may engage in some partisan activity in their personal capacities but remain subject to prohibitions including using official authority to influence elections and soliciting political contributions.
Painter said political costs should be borne by campaigns or other political entities rather than taxpayers.
But the Pentagon historically has imposed stricter limits because of the military’s traditionally nonpartisan role.
“The idea is the military is not supposed to be political,” Painter said. “And so they generally have been told they need to restrain from active involvement in political events. … That has been the custom in the Department of Defense. I see it in this administration that has not been continued.”
Painter said former defense secretaries Donald Rumsfeld, Robert Gates and Lloyd Austin generally did not campaign in the manner Hegseth has.
“There’s not much of a precedent for this,” he said.
Hegseth’s transportation to Iowa raises a related question about government resources.
A Defense Department official told Punchbowl News defense reporter Briana Reilly that Hegseth was “attending an event in his personal capacity,” but “is mandated to use military aircraft for all travel … due to the continuous need for secure communications and responsive transportation for national security.”
Federal rules permit qualifying Senate-confirmed officials to engage in certain political activity while on duty, but costs attributable to political activity cannot be paid with U.S. Treasury funds.
The Pentagon did not tell The Gazette the cost of Hegseth’s military flight or whether Nunn’s campaign or another political entity reimbursed the government.
Painter said that during the Bush administration, government aircraft generally were not approved for Cabinet officials’ campaign travel in the same manner as presidential travel.
“We did not approve of other officials using U.S. government aircraft for campaign events, and then just having the government reimbursed for the price of the ticket, unless there was mixed official and political business at the location,” he said.
Earlier campaign stop
Hegseth faced similar questions in May after traveling to Kentucky to campaign for Ed Gallrein, a Republican primary challenger to U.S. Rep. Thomas Massie. Hegseth endorsed Gallrein and urged voters to support him while emphasizing he was there “in my personal capacity as a private citizen.”
The Pentagon defended that appearance more expansively, telling Kentucky news station WLKY that Hegseth’s participation had been “thoroughly vetted and cleared by lawyers,” including the department’s Office of General Counsel, complied with the Hatch Act and other applicable federal statutes, and would not be facilitated with taxpayer dollars.
The Gazette asked whether that same legal analysis governed the Nunn fundraiser. The Pentagon did not answer.
Painter said calling an appearance “personal capacity” may address some federal-law concerns but does not necessarily resolve whether Hegseth complied with the Pentagon’s more restrictive policy.
“What we’ve seen during the Trump administration is an erosion of those guidelines,” Painter said. He pointed to former Secretary of State Mike Pompeo, who broke with long-standing departmental norms in Trump’s first term by delivering a speech to the 2020 Republican National Convention while on an official diplomatic trip overseas.
Hegseth’s Iowa appearance presents two distinct questions: what the Hatch Act permits a high-ranking presidential appointee to do personally, and what the Pentagon’s own rules allow its Senate-confirmed leaders to do.
The Pentagon guidance says those officials may attend fundraisers but may not actively participate in campaign events, engage in political activity “in concert” with candidates, serve as partisan surrogates or speak at fundraisers on their behalf.
The department has not explained where it believes Hegseth’s speech and endorsement of Nunn fall within those lines.
“The problem is if he violates the DoD rules, what’s going to happen to him?,” Painter said. “You know that’s the problem when you don’t have a criminal statute or something like that.”