The Hatch Act isn’t complicated. It restricts federal employees from being involved in partisan political activity, like disclosing “non-public, sensitive DOJ information” to reporters about a potential Justice Department investigation of a Suffolk County District Attorney candidate.
You can’t do that when you’re the U.S. Attorney for Massachusetts, as Rachael Rollins discovered. Especially when one of those reporters worked for the Boston Herald, who didn’t take the bait. The Herald did report her attendance at a Democratic Party fundraiser featuring first lady Jill Biden, which set Rollins’ house of cards tumbling.
Fortunately, there are others willing to sound the alarm when people in power cross the line. The Office of Special Counsel just signaled a personal foul by White House Press Secretary Karine Jean-Pierre.
The watchdog agency has informed the White House that Jean-Pierre violated the Hatch Act through her usage of the term “mega MAGA Republicans” in the lead up to the 2022 midterm elections.
The agency sent her a warning letter, deciding not to pursue disciplinary action, according to The Hill.
“As has been made clear throughout the administration, we take the law seriously and uphold the Hatch Act. We are reviewing this opinion,” White House spokesman Andrew Bates said in response to the warning.
The letter, which was sent from OSC Hatch Act Unit chief Ana Galindo‐Marrone on June 7, outlines that Jean‐Pierre “violated the Hatch Act when, during an official press briefing, she referred to ‘mega MAGA Republican officials who don’t believe in the rule of law’ and made ‘other derogatory statements’ about the Republican Party.”
How could Jean-Pierre possibly believe her words were not a partisan dig?
“Although Ms. Jean‐Pierre never expressly instructed viewers to vote for or against Republican candidates for elected office, 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. Accordingly, making the references constituted political activity,” the letter read.
No kidding.
Jean-Pierre claims that at the time, she was given the all-clear to use the term.
President Biden himself refers to “mega MAGA Republicans” in speeches to refer to GOP members who align with former President Trump. The Trump administration itself was the subject of Hatch Act complaints during its four years in the White House.
The Hatch Act does not apply to the president or vice president.
Former White House press secretary Jen Psaki, former chief of staff Ron Klain and Secretary of Housing and Urban Development Marcia Fudge all have also been warned for making comments about candidates or an election under Biden.
Enough with the warnings. There are penalties for violating the Hatch Act, including a civil penalty of not more than $1,000. Those employed by the administration must certainly be aware of that they can and cannot say or do. The first “warning” should include the civil monetary penalty.
We doubt there would be the need for more warnings if enforcement of the Act had some muscle.
