Did President Biden’s Press Chief Violate Hatch Act with ‘Mega Maga’ Remark?

Biden Press Chief Violated Hatch Act with ‘Mega Maga’ Remark – Watchdog

The Violation

White House press secretary Karine Jean-Pierre violated the Hatch Act by referring to “mega Maga Republicans” before the 2022 midterm elections, according to an official watchdog. The Office of Special Counsel (OSC) stated that Ms Jean-Pierre “violated the Hatch Act prohibition against using her official authority or influence for the purpose of interfering with or affecting the result of an election.” The Hatch Act is meant to ensure that federal programs are administered in a nonpartisan fashion, protect federal employees from political coercion in the workplace, and ensure that federal employees are advanced based on merit and not based on political affiliation.

The Background

The Hatch Act was often in the news during the administration of former President Donald Trump. In November 2021, a year after Trump left power, the OSC said at least 13 Trump officials intentionally violated the act, not least in connection with a 2020 Republican convention held on White House grounds. Officials named included Mike Pompeo, the secretary of state; Mark Meadows, Trump’s chief of staff; Kellyanne Conway, a senior White House counselor; Jared Kushner, a senior adviser to Trump and his father-in-law; Kayleigh McEnany, the press secretary; and Stephen Miller, a senior speechwriter and adviser. The OSC report said: “The cumulative effect of these repeated and public violations was to undermine public confidence in the nonpartisan operation of government.” Despite OSC’s recommendation that Conway be fired over repeated Hatch Act violations, no further action was taken.

The Impact

The OSC’s decision to close the case without further action against Ms Jean-Pierre has led to criticisms of a two-tier system of consequences and a lack of enforcement of the Hatch Act. The Washington Post noted the existence of such a system, with OSC having “fined and in some cases fired hundreds of career employees for violations during the four years when Trump was in office.” Moreover, the lack of enforcement of the act can result in diminished public confidence in the nonpartisan operation of government.

The Editorial and Advice

While we believe in the freedom of speech, the Hatch Act exists to ensure that federal programs are administered in a nonpartisan fashion, protect federal employees from political coercion in the workplace, and ensure that federal employees are advanced based on merit and not based on political affiliation. Political activity should not be conducted while an individual is acting in an official capacity. We urge all government officials to remain nonpartisan and to avoid violating the Hatch Act so as to preserve the integrity of the democratic system. We also encourage the OSC to enforce the act impartially and hold accountable those who violate it.