RFK Jr. caught on tape possibly violating federal law: 'Tipping the scales'

A newly obtained audio recording shows that Health Secretary Robert F. Kennedy Jr. personally pressured a Libertarian congressional candidate in Iowa to abandon a competitive House race, urging him to step aside to protect Republican control of Congress.

The Washington Post obtained a recording of the 12-minute call in which Kennedy told Rick Stewart, the Libertarian candidate in Iowa's 2nd Congressional District, that he was acting as a "liaison" with the White House, and he warned that a Democratic takeover of the House would derail President Donald Trump's agenda and suggested he could help Stewart if he exited the race.

“I can’t go into specifics because there’s legal prohibitions about that,” Kennedy told Stewart in the June 11 call. “If it’s something that you want to talk about, you know, you and I can talk about specifics.”

Stewart said he interpreted the call as a clear, if carefully worded, attempt at a quid pro quo. "He was very careful about the words that he used, but the whole implication is: You help us, we'll help you," Stewart said, adding that he has no intention of dropping out.

Marco Battaglia, a Libertarian running in Iowa's 3rd District, said Kennedy made a similar, unrecorded appeal to him on June 8, warning that the House could flip to Democrats if Battaglia stayed in the race. Battaglia said he rebuffed Kennedy, invoking the legacies of Kennedy's father and uncle.

Government ethics experts said the confirmed recording bolsters concerns that Kennedy's calls may have violated federal law.

Danielle Caputo of the Campaign Legal Center said federal officials should not be "tipping the scales, behind the scenes" by pushing candidates to withdraw, though she noted proving a Hatch Act violation could be difficult. Stanley Brand, a Penn State law fellow, said Kennedy could face exposure under separate criminal statutes barring officials from using their authority to interfere with elections or offering benefits in exchange for political activity.

Kennedy declined to comment when reached by the Post and referred questions to a spokesperson, who did not respond. Neither the White House nor the Department of Health and Human Services answered questions about whether the calls were cleared by administration lawyers or made at the White House's direction.

The recording lands as the White House intensifies its midterm focus, wary that a Democratic-controlled House could subpoena officials like Kennedy over his health policy changes. On the call, Kennedy appeared to allude to that risk directly, telling Stewart, "I don't want to be fighting subpoenas for the next two years instead of improving America's health."

Iowa's 2nd District, rated as leaning Republican by the Cook Political Report, is among the battleground races that could determine control of the House in November.