Dr. Mehmet Oz wrote President Joe Biden to say he would not resign from the President's Council on Sports, Fitness and Nutrition despite being ordered to do so.
Oz and fellow U.S. Senate candidate Herschel Walker on Wednesday were told by Biden assistant Gautam Raghaven to resign from the council or their positions would be "terminated."
Oz, running in Pennsylvania, and Walker, a candidate in Georgia, both refused to quit the council they were named to by then-President Donald Trump.
"As I have stated publicly, health should never be politicized, and I do not intend to resign as a Member of the Council," Oz wrote Biden on Friday. "Furthermore, I have received no notice that you have exercised your removal power. I will consider myself a Council Member until otherwise alerted."
CNN reported that a White House official said Oz and Walker were in violation of the Biden administration's policy of federal candidates serving on presidential boards. The 1939 Hatch Act also limits the political activity of certain federal employees, such as engaging in partisan political campaigns.
"The legal pretext for your Administration’s decision — that running for office while serving on the Council violates the Hatch Act — was incorrect," Oz wrote Biden. "The U.S. Office of Special Counsel, which interprets the Hatch Act, has expressly stated that a 'Less Restricted' Special Government Employee like me may run 'for partisan political office' and 'may take an active part in partisan political management or partisan political campaigns.'
"The only restriction — that I 'not engage in any campaign-related activity' while 'on duty' – could not have been violated, considering the Biden Administration has not convened a single meeting of this critical health council since taking office."
Oz said government councils promoting the most powerful preventative medicines we have — sports, fitness, and nutrition — must remain above the political fray "as we wage the healthcare battle of our lives."
"I do not engage in campaign activity while acting as a Council Member," Oz wrote. "My involvement was purely toward advocating for health awareness and empowerment — the engine of my life and work.
"Which is why I choose to remain on the Council."
Oz hinted that it was hypocritical to use the Hatch Act against him and not chief White House medical adviser Anthony Fauci.
"To contrast, Anthony Fauci's repeated violations of the Hatch Act — including disparaging President [Donald] Trump and praising candidate Biden just four days before the 2020 Presidential election — were done on the government-clock, while Fauci was 'on duty,'" Oz wrote.
"Burying the Hatch Act for Fauci while unearthing it for me denies the fundamental sanctity of our nation’s laws, and reinforces the sad cynicism that toxifies our political discourse."
© 2026 Newsmax. All rights reserved.