WASHINGTON (TND) — White House Press Secretary Karine Jean-Pierre violated the Hatch Act with comments she made during a press briefing last year.
The law – also known as “An Act to Prevent Pernicious Political Activities” on its passage in 1939” – prohibits employees of the executive branch of government from using their office to engage political activity or any other statements or actions that influence elections.
The Office of Special Counsel – which oversees federal personnel issues and is different from Department of Justice Special Counsels like Jack Smith or Robert Mueller – issued a warning to Jean-Pierre that claims her use of the term “mega MAGA Republicans” to refer to Republican candidates for office was a Hatch Act violation.
During her opening remarks during the White House press briefing on Nov. 2 – speaking about election integrity less than a week before the 2022 Midterms – Jean-Pierre criticized Republican candidates using the “mega MAGA” epithet and other terms that the OSC found to be prohibitive.
We have seen mega MAGA Republican officials who don’t believe in the rule of law,” Jean-Pierre said during that November briefing. “They refuse to accept the results of free and fair elections, and they fan the flames of political violence through what they praise and what they refuse to condemn.The Office of Special Counsel made the inquest into Jean-Pierre’s comments after receiving a complaint from the conservative watchdog group Protect the Public’s Trust, which found her remarks “an inappropriate attempt to influence the vote.”
“Because Ms. JeanPierre 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,” Ana GalindoMarrone, the head of the OSC’s Hatch Act Unit, wrote in a letter to the watchdog dated June 7 – and first reported by NBC News Monday.
However, the letter also stated that the Office of Special Counsel decided to pursue no further action against Jean-Pierre and “decided to close this matter without further action,” GalindoMarrone wrote.
We have decided not to pursue disciplinary action and have instead issued Ms. JeanPierre a warning letter,” she added, noting that the White House Counsel’s Office did not believe the press secretary’s remarks were prohibited at the time. “[I]t is unclear whether OSC’s contrary analysis regarding the use of ‘MAGA Republicans’ was ever conveyed to Ms. JeanPierre.Michael Chamberlain, a former Trump administration official who is head of Protect the Public’s Trust, claimed Jean-Pierre’s violation of the Hatch Act without any major repercussion was indicative of why he believes the American people “increasingly distrust the Biden administration,” especially on ethics claims.
“This episode illustrates exactly what people hate about Washington, D.C. and why they increasingly distrust the Biden Administration’s promises to be the most ethical in history," Chamberlain said in a statement. "The Hatch Act was a law used to pillory previous administrations, but officials now appear content to sweep it under the rug.”
However, Chamberlain’s former Trump administration colleague Kellyanne Conway – the then-counselor to the president – was found to have violated the Hatch Act over twenty times in office between October 2018 and June 2019. A report issued that month by the OSC found she was a “repeat offender” that should be fired for her conduct. “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,” says the report. “Her actions thus erode the principal foundation of our democratic system—the rule of law.”
A 2021 Associated Press report further found at least 13 officials that were part of the Trump administration violated the Hatch Act during the 45th president’s term. “Both reflect the Trump administration’s willingness to manipulate government business for partisan political ends,” the report reads, adding that, “The administration’s willful disregard for the law was especially pernicious considering the timing of when many of these violations took place.”
Furthermore, the Hatch Act carries no official legal penalties and instead delegates the task of enforcing violations to the employer.
White House spokesperson Andrew Bates responded to NBC’s request for comment on the matter with Jean-Pierre in a statement: “As has been made clear throughout the administration, we take the law seriously and uphold the Hatch Act. We are reviewing this opinion.”
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