Hatch Act violations: A breakdown of violations from Trump and Bush to Obama and Biden
Misty Severi
Video Embed
A recent investigation from the United States Office of Special Counsel determined that White House press secretary Karine Jean-Pierre violated the Hatch Act earlier this year, and she is not the first government official to do so.
Officials in both political parties have violated the Hatch Act over the years. Officials under former Presidents Donald Trump, Barack Obama, and George W. Bush have violated the Hatch Act during their respective administrations. The Hatch Act limits partisan political activity by government employees in their official capacities so as to avoid influencing elections.
DOCKWORKER TALKS THREATEN BIDEN WITH ANOTHER TOUGH DECISION BETWEEN LABOR AND ECONOMY
1. Biden administration
Karine Jean-Pierre reportedly violated the federal act when she used the term “mega MAGA Republicans” from the briefing room podium. She was given a letter of warning in response to the finding.
“OSC concluded that the timing, frequency, and content of Ms. Jean‐Pierre’s references to ‘MAGA Republicans’ established that she made those references to generate opposition to Republican candidates,” a letter from the special counsel’s office read.
“Accordingly, making the references constituted political activity. Because Ms. Jean‐Pierre made the statements while acting in her official capacity, she 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.”
Jean-Pierre has actively tried to avoid violating the act, including by refusing to answer political questions. However, former White House chief of staff Ron Klain and former press secretary Jen Psaki have also been accused of violating the Hatch Act.
2. The Trump administration
Multiple former government officials violated the Hatch Act during Trump’s administration, according to a federal inquiry in 2021. One of the most prominent violations was committed by former Counselor to the President Kellyanne Conway.
The OSC sent a letter to the former president relaying that Conway violated the Hatch Act on “numerous occasions” and recommended her removal from federal service. Two such violations of the Hatch Act occurred in 2017 during the Alabama special election for U.S. Senate, when Conway advocated for and against certain candidates.
“Ms. Conway’s violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act’s restrictions,” the letter recommending her removal said. “Her actions thus erode the principal foundation of our democratic system—the rule of law.”
Among the other officials that broke the rule in the lead-up to the 2020 presidential election were former White House chief of staff Mark Meadows; Jared Kushner; who served as senior adviser to the president; former White House press secretary Kayleigh McEnany, Stephen Miller; who served as Trump’s senior policy adviser; and Robert O’Brien, the former national security adviser.
3. Obama administration
Former Health and Human Services Secretary Kathleen Sebelius violated the Hatch Act during the Obama administration in 2012. Sebelius’s infraction occurred at a Human Rights Campaign gala in North Carolina. She made two extemporaneous political remarks during a speech.
Sebelius did not slam another candidate, but she did advocate the reelection of Obama at the event.
“One of the imperatives is to make sure that we not only come together here in Charlotte to present the nomination to the president, but we make sure that in November he continues to be president for another four years,” Sebelius said in the speech. “It’s hugely important to make sure that we reelect the president and elect a Democratic governor here in North Carolina.”
She admitted the mistake and apologized for the error, which was made when she went off script. A report from the OSC flagged the violation to Obama but did not make any recommendations for consequences.
4. Bush administration
An investigation into the Bush White House found that multiple Cabinet members had violated the Hatch Act by traveling to White House-targeted congressional districts. The travel was documented as official business, and expenses were paid by the government, even though the events were largely political.
The entire White House Office of Political Affairs also violated the Hatch Act, the OSC determined in 2011, when taxpayers paid for improper activities that were intended to help advance Republican candidates.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“The entire [Office of Political Affairs] staff was enlisted in pursuit of Republican success at the polls and many OPA employees believed that effort was part of their official job duties,” the report said, according to Politico. “Based on the extent of the activities described below, OSC concludes that the political activities of OPA employees were not incidental to their official functions, and thus U.S. Treasury funds were unlawfully used to finance efforts to pursue Republican victories at the polls in 2006.”
The Obama administration shuttered the Office of Political Affairs, but it is not clear whether it was the result of the investigation.