Conservative dark-money group files ethics complaints over NC Democrats’ TikTok posts

U.S. Rep. Jeff Jackson’s 1.6 million TikTok followers aren’t all there to be his friends, he learned this week as he and another North Carolina congressman, Rep. Wiley Nickel, found themselves at the center of two ethics complaints.

The Foundation for Accountability and Civic Trust filed two back-to-back complaints with the Office of Congressional Ethics accusing the two Democrats of using their TikTok accounts to both campaign and conduct official congressional business. FACTS is a conservative nonprofit based in Washington, a dark-money group once run by former Attorney General Matthew Whitaker.

Recently, members of both political parties have worked together in a push to potentially ban TikTok from devices throughout the country, though Republicans have taken a stronger stance in recent weeks. And Sen. Thom Tillis, a Republican from North Carolina, called on his colleagues in Congress to stop using the platform.

Rep. Jamaal Bowman, a Democrat from New York, stood out as one of the few voices in Congress defending TikTok. FACTS also filed, this week, a complaint against him for his use of the app.

“Federal law and House ethics rules require strict separation between campaign and official acts,” the complaints against both Nickel and Jackson state. “A member is prohibited from using official resources for campaign purposes and a member is prohibited from using campaign funds for official purposes.”

The complaints allege that not only did the men use their accounts to campaign for office, they went on to use content taken inside the U.S. Capitol to then publish on the same accounts once elected.

“The laws and ethics rules prohibiting Members from using official resources for political purposes are clear and longstanding,” said Kendra Arnold, executive director of FACTS. “Not only do these ethics rules protect taxpayer funds, but they also protect the integrity of the government and maintain citizens’ trust. Anytime a member does not comply with these laws it is troubling and should concern citizens. The OCE should act to enforce these fundamental ethics rules.”

Complaint against Rep. Jeff Jackson

Jackson became more well known following the collapse of the Silicon Valley Bank last month when he recorded a video at 2 a.m. for his social media platforms explaining in basic terms what happened and how Congress was responding.

The freshman congressman from Charlotte posted his video to multiple accounts, and his TikTok amassed 29.1 million views, as of Tuesday. He is now followed by 1.6 million people.

News articles followed Jackson’s social media success asking the congressman why he chose to use a platform currently scrutinized by his colleagues as a potential international security risk and how he grew so popular. Jackson told other media outlets that he uses a burner phone that is connected to TikTok and nothing else.

The ethics complaint alleges that Jackson describes himself as a member of Congress on his TikTok account while including a link to his campaign website.

His TikToks also include campaign interviews and events. Later posts includes photographs of members on the House floor. Members are not allowed to use photos or videos taken from the House floor or in committee meetings for political purposes, even when first published by a third party.

Jackson’s TikTok account began in April 2021, with a video of his young daughter trying to jump over a line of balls and face-planting instead. It went on to show official business on the Senate floor in the state legislature before moving onto campaign videos and finally, videos from him as a member of Congress.

“The complaint is wrong,” Jackson said Tuesday. “We looked at the rules closely to make sure we followed them, and we did.”

Jackson posted a video Tuesday morning about a judge banning the use of mifepristone, a pill that blocks a hormone that allows pregnancy to occur and is one of the drugs used in medication abortions.

“Jeff Jackson continues to put TikTok fame before national security and it has come back to bite him,” said Delanie Bomar, spokeswoman for National Republican Congressional Committee, in a statement sent out about the ethics complaint against Jackson. “Jackson’s priority is going viral, not the people of NC-14.”

NRCC, a group that works to get Republicans elected to the U.S. House, has listed North Carolina Reps. Don Davis, Nickel and Jackson as targets for their 2024 campaigns. Bomar did not comment on the complaint against Nickel.

“They’re throwing anything to see what sticks,” Jackson said. “This won’t.”

Rep. Wiley Nickel

Nickel has far less of a reach on the social media platform. He’s amassed 4,872 followers and while views for the majority of his videos stay in the triple digits, he once garnered 32,000 views on a post about his campaign opponent, Bo Hines, talking about needing money while living off a trust fund.

Like Jackson, Nickel’s use of TikTok began while he campaigned for Congress and continued after he was sworn into office.

Nickel, a Cary Democrat, represents North Carolina’s 13th Congressional District.

While his account biography lists that he is a member of Congress, it also links to his campaign website, one of the many complaints FACTS had with his account.

Nickel also posted videos from campaign events, interviews and advertisements, before switching gears and posting videos created at the Capitol and of a C-SPAN interview he filmed in the building while wearing a pin given to members of Congress, the complaint alleges.

“These violations reveal a complete disregard for the clear and longstanding prohibition of using official resources for political purposes,” Arnold said. “Complying with the law and House Ethics rules are a fundamental obligation for elected officials. The OCE must move swiftly to investigate and enforce these bright-line standards and apply the requisite penalty.”

Nickel, however, sees the complaint as a partisan attack by a right-wing group, he said.

“I’m focused on working hard to deliver for the people of North Carolina, and that’s what I’m going to keep doing,” Nickel said.

Nickel hasn’t posted on TikTok since Feb. 25.