Biden to force Dr Oz, Herschel Walker from Presidential Council

The doctor and former football star were each sent a letter Wednesday asking them to resign by the end of the day from the President’s Council on Sports, Fitness & Nutrition.

The pair were both reappointed to two-year terms by former President Donald Trump in December 2020.

A White House official told NBC News that failure to do so would result in termination because the Biden administration does not permit candidates for federal office to serve on boards and commissions.

Walker is campaigning for a Senate seat in Georgia while Oz is running for Senator of Pennsylvania.

Oz posted a video to his Twitter account stating that he would not resign from the post.

"I am beyond grateful to President Trump for appointing me to this very prestigious and important position. I am also grateful to my colleagues on the committee and council, and the amazing accomplishments we were able to achieve. I've got no intentions, my friends, of resigning. None."

Oz added, "If President Biden wants to politicize health, he'll have to fire me. Let Americans see how truly petty and political he truly is."

Walker posted to Twitter Thursday, "President Biden is so scared about us beating Raphael Warnock that he has asked me to resign from my unpaid position on the President’s Council on Sports, Fitness, and Nutrition. I’m not a quitter so you are going to have to fire me."

Earlier in the day, the White House announced the intention to name chef José Andrés and WNBA player Elena Delle Donne as co-chairs of the council. Walker had been serving as chair and Oz as a council member.

Those who serve on the council are considered special government employees. Under the Hatch Act, they are not permitted to engage in partisan election activities.

The move by Biden follows former White House press secretary Sean Spicer and former White House budget director Russ Vought having been asked to resign from their positions on advisory boards in September. The pair responded with lawsuits.