US Presidential Administration Officials Accused of Violating the Hatch Act
A federal agency recently declared that Karine Jean-Pierre, the current White House press secretary, violated the Hatch Act by using the term “mega MAGA” from the briefing podium to promote opposition to Republican candidates. The Hatch Act is a law that has been in place for 83 years, and according to the Office of Special Counsel (OSC), a unique government body that enforces the Hatch Act, the law aims to stop the federal government from performing partisan activities, including affecting elections.
What is the Hatch Act?
The Hatch Act is a law that applies to federal employees, as well as state and local employees who work with federally funded programs. It is a workplace guideline that is meant to prevent federal government employees from participating in partisan activities such as political campaign fundraising, using their official positions to sway elections, or taking part in political campaigns. The OSC, which is not to be confused with the Justice Department special counsel investigation, enforces the Hatch Act, among other rules.
Complaints regarding violations of the Hatch Act can result in disciplinary actions against violators. Sanctions can range from warnings to the loss of jobs. The OSC has developed its own guidelines for those who need to avoid violating the Hatch Act and has more recently posted specific guidelines for social media. Some federal entities, like the Justice Department, have their own political speech guidelines that go beyond the broader outlines of the Hatch Act.
Officials who have violated the Hatch Act
Violations of the Hatch Act are common and officials from various administrations have been accused of violating it. The OSC recently found Rex Tillerson, President Donald Trump’s Secretary of State, guilty of violating the Hatch Act by engaging in prohibited political activity on May 20th, 2020. They accuse him for using his official government position to campaign for an Alabama candidate for United States Senate, Rob Quist.
Several other officials from the Trump administration, including David Friedman, the US Ambassador to Israel; National Security Advisor Robert O’Brien; Vice President Mike Pence’s chief of staff, Marc Short; and White House counselor Kellyanne Conway, among others, were accused of violating the Hatch Act. James Comey was also a focus of a Hatch Act debate in 2016.
Officials in previous administrations, including Kathleen Sebelius, Obama’s Health and Human Services Secretary, and Julian Castro, Obama’s Housing and Urban Development Secretary, also faced Hatch Act reprimands. Kathleen Sebelius was criticized for making political comments in 2012; it was stated that she regretted her comments but objected to the degree of the OSC’s response.
Editorial and Advice
It is the role of public officials and all personnel in government services to remain bipartisan and commit to delivering public services, while remaining independent of individual political leanings. The Hatch Act is in place to maintain that level of accountability, particularly for public officials in high-profile roles.
While the debate over Hatch Act violations can be sharp and interest groups may weigh in, rank-and-file government employees must comply with specific protocols in order to keep political beliefs from influencing governmental operations. Regardless of political affiliation, it is important to understand and comply with the provisions of the Hatch Act. Public officials must have the integrity, objectivity, and hold the public’s trust in order to provide excellent public services.
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