Trump bills himself as the law and order president. Really? If so, why were major parts of this week’s Republican Convention held or filmed at the White House? Isn’t that in violation of the Hatch Act? Enacted in 1939 and amended in 2012, the Hatch Act’s purpose is to prevent “pernicious political activities.” It prohibits Federal employees from taking part in partisan political activities and ensures that the Federal workforce is free from partisan political influence or coercion. Violations of the Hatch Act can result in the loss of a job, a fine, or a combination of both.
The Act specifies that some Federal employees are “more restricted” and some are “less restricted” than others. With some exceptions, “further restricted” employees are intelligence and enforcement type agencies such as the FBI, the CIA, and the Federal Election Commission and includes senior executives and political appointees in the executive branch (SES) wherever they are located. The President and Vice President are technically exempt from these restrictions apart from intimidating, threatening or coercing Federal employees. However, the law does apply to executive branch employees. These employees are prohibited from spending official time planning or executing political events held in Federal office buildings including the White House.
The Office of Special Counsel has the task of determining whether the Hatch Act has been violated. The Merit Systems Protection Board is responsible for enforcing the Hatch Act, as well as enforcing civil service protections for Federal workers, including whistleblowing safeguards—a Board that currently has no Members. Trump is responsible for appointing these members.
Potential violations over the last week include the following: Trump’s naturalization ceremony at the White House which was filmed during business hours. Press were not informed of the event (meaning it was not an official event), DHS Acting Secretary Chad Wolf officiated, and Marines opened the door for the President to enter the room for this photo opportunity. The taping of this ceremony was strictly for use at the Republican Convention. (It was later disclosed that two of the participants in the White House naturalization ceremony were not aware that the taping would be shown at the Republican convention.)
Mike Pompeo’s prerecorded speech was taped during a “taxpayer paid” official trip to Jerusalem. State Department employees and diplomats must follow stringent requirements to avoid violating the Hatch Act. (Pompeo also has been accused of violating laws by using the Secretary’s dining room at the State Department building for political dinners.)
Melania Trump’s convention speech from the White House Rose Garden had an audience of several White House employees. While arguably not a clear violation of the Hatch Act, it was completely inconsistent with the intention of the law. Many refer to the White House as the “people’s house” which again implies that it should not be used for political campaigning.
Mike Pence gave his speech at Fort McHenry, a national monument in Baltimore Harbor, which is managed by the National Park Service. Once again Federal employees were being asked to facilitate a violation of the Hatch Act because the Convention speech is considered a political activity.
Trump’s closing speech for the Republican Convention was held on the White House lawn with more than 1,000 non-socially-distanced attendees. His daughter Ivanka introduced him. Kathleen Clark, an ethics lawyer and professor at Washington University Law School in St. Louis, said in an interview with ABC News that the convention amounts to a “four-day extravaganza of unethical conduct in exploiting the backdrop of the White House for partisan purposes.”
Over the last four years, many Trump officials have been accused of violating the Hatch Act–Nikki Haley, Sarah Huckabee Sanders and Kellyanne Conway among them. In fact, Conway has been accused of violating the Hatch Act more than 60 times. Most of these violations involve making disparaging remarks about Democrats while speaking in an official capacity. Conway’s response: “If you are trying to silence me through the Hatch Act, it is not going to work. Let me know when the jail sentence starts.” The Office of Special Counsel has recommended Conway’s removal. Conway’s response: “Sue me.”
Recently Ivanka Trump touted Goya Beans because the CEO of Goya endorsed the President. The President himself, hawked Goya Beans in the Oval Office. Last week, Trump tweeted that Americans should boycott Goodyear Tire since the company banned its employees from wearing MAGA hats and other political apparel. To some, these violations may seem like nitpicking, but it is not. Once again, the violators show a flagrant disregard for the law.
Most government employees, including those working for the House of Representatives and Senate, follow these regulations to the letter. They go overboard to avoid showing favoritism or capitalizing on their positions. It is not uncommon for a Senator or Congressperson to leave the Capitol building to take a call related to campaigning or fundraising. They consciously track all activities to ensure they are not in violation of the law. They don’t accept free lunches or dinners—even books from Federal contractors.
As Thomas Edison once said, “There are rules here. We are trying to accomplish something.” One of the things that is supposed to be different about the United States is that our rules—our laws–apply to everyone. Our democracy only works if that is the case. One of the many reasons there has been so much racial unrest in recent months, is that laws are not being enforced equally for everyone. If the President and his administration blatantly violate the law of the land with no consequences, I fear our democracy is indeed in peril.
Maria Grant served as Principal-in-Charge of the Federal Human Capital practice of Deloitte Consulting. Since her retirement from Deloitte, she has focused on writing, music, reading, travel, gardening and nature.
Stephen Schaare says
Dear Ms. Grant, I just read a great entry by Al Sikes, and several days ago by Angela Rieck. Both were uplifting and inspiring. Positive and hopeful. Warm and human . Please consider reading these two essays. Make you feel good.
Please also give some thought as to how you may make use of your time. Help a kid with their homework, offer to walk some dogs at the humane society. Hell, even bake up a coupla’ dozen chocolate chip cookies and hand them out at a facility housing senior citizens. Lots of big smiles will beam back at you, and you will feel loved.Simple acts, simple joy.
How we use our time is very important.Please cast off this anger and loathing you express in your writing. It is toxic and destructive. Begin anew. Life is good. Thank you.
Maria Grant says
Thanks for your comments. Please know that I currently participate in many volunteer activities but thanks for your suggestions. I am hopeful that at least a few current Trump supporters might be disturbed by blatant violations of Federal law which is what motivated me to write.
Maria Grant says
Thanks for your comments. Where’s the hate? I’m just stating the facts. Sorry that they trouble you.
Pamela R Getson says
An uncalled for, derisive bit of silliness. Quite insulting of Ms.Grant and her excellent article. “Simple acts and simple joys?” Do you practice these regularly and hope everyone is as distracted from reality, tiptoeing in some sort of euphoria? Who are you to suggest her time is not perfectly well-spent? It seems that your call for a better use of time might be that of yours for learning more about the Hatch Act, or why our top ethics official, Mr. Staub resigned when faced with the massive improprieties of our entire leadership so early in their debut…seeing the Act over-run and his codified duties unable to be brought to bear. These are all just facts, not seething and loathing. BTW, just being knowledgeable with specific expertise does not make one angry, though constant bold abuses of law conducted with an enabling populace, well could.
Maria Grant says
Thank you so much for your comments and for coming to my defense. I gave the facts–nothing but the facts. Again thanks for writing. You have brightened my day.
Stephen Schaare says
Hi Ms. Getson, Your reaction to my words proves the point. This has nothing to do with the “Hatch Act”. This has to do with hatred and loathing on the left. Whatever became of your liberal credos of tolerance, inclusion and diversity? My thoughts were certainly not welcome. Why are you so angry and bitter? Has Mr. Trump destroyed your family? Please, think on these things.
Pamela R Getson says
Mr. Schaare, it is a dangerously rising recent partisan theme to make the ‘other side’ appear angry at other than what is truly happening. Of course, as you well know, the initial article dealt with Hatch Act abuses, detailed in a simple listing. If you signed an oath to it …and then actually followed it… you might very well be angry at its abuses today. For example, I’m only angry that the myriad abuses have been allowed and even protected, and now publicly made a joke. But that wasn’t really your point, right?
Instead you used ridicule to entertain yourself.
It is too bad that Ms. Grant (and others) gave you the pleasure of indicating you had angered or upset them by carefully selected, famously incendiary tropes. I would have told them not to bother, but it is difficult to stand silent when attacked. Actually baking cookies, you or anyone else, has nothing to do with your input….and of course you very definitely know it. Ridicule such as yours will always bring out the worst in anyone. But it is a clever, time-tested easy ploy, because then you can say you have “made a point.” The only one herein being that you have successfully filled your day. I hate seeing anyone maligned by being made fun of, even those who richly deserve it.
I hope some sun tomorrow restores ALL of our happy lives! Cheers.
Maria Grant says
Thanks again for your comments. I don’t know you but I wish I did.
Cornelia heckenbach says
Stephen Schaare, shame on you for your arrogant behavior. How do you make use of your time? Respect and decency seem to be disappearing.
Is that the only way you can respond to someone that is simply pointing out the rule of law?
You have no other arguments to point out? Pretty easy to bully with the usual remarks ” go bake some cookies”. That’s right women are not capable of anything else I totally forgot. This is not about politics this is simply about respect.
I feel sorry for your wife, your daughters and your mother if that is the respect you also show them.
Begin a new life because life is really good.
Maria Grant says
Thanks for your comment. I must admit I was pretty depressed when I read his comment. What is the deal with men telling women to go bake cookies anyway?
Stephen Schaare says
Wow, I suggest baking cookies and we go back to sexism? Cut it out. I have baked MANY COOKIES myself. Can we raise the bar just a little bit? Huh? Had no clue you libs were so sensitive with such a hair trigger. Does everything offend you? How do you get through a day? C’mon now.
Matt LaMotte says
If and when Trump ceases to be POTUS, which he remains in name only, the new AG is going to be VERY busy re-establishing the “rule of law.”
Maria Grant says
Agree. Thanks for writing.
Maria Grant says
True. I understand if a new administration comes in they will take significant steps to shore up the Act is that it is much more actionable. Thanks for writing.
Ana Lacayo says
The leftist hate continues. Why is it the socialist left hates people so much? Weren’t you listening to Michelle, when they go low we go high? I guess you heard we go low at all times. Such a shame this periodical is a leftist platform for hate. SMH
Laura Zagon says
This administration has been breaking laws since day 1. Why bother even writing about it anymore if not one thing is going to be done? NOTHING IS EVER DONE. Why should they stop doing what they want when they’re never stopped?? It’s a total joke. Why have laws?
Brice Gamber says
Would you equally acknowledge that it was wrong for ex president Obama to speak from the National Constitution Museum for the Democratic Convention ? Also the People’s Museum….
Maria Grant says
Thanks for your comments. It’s my understanding that the National Constitution Center is an independent, nonprofit nonpartisan organization. But yes, if Obama did a political campaigning speech at a Federal building or site maintained by Federal tax dollars, I would say that was wrong.
Carol Voyles says
Chief of Staff Mark Meadows said breaking this law didn’t matter because no one outside the beltway cared. The fact that this administration does not care to be held accountable and so many of its associates are convicted criminals should give all of us pause.
Maria Grant says
Thanks for your comments. Well said.
James Brennan says
Thank you Ms. Grant for an informative article on the Hatch Act. I know the Act well and you did a good job communicating the spirit and purpose of the act to The Spy’s readers who may not be familiar with it.
I retired from 37 years of service in the Executive Branch in 2015. I took my sworn oath to “…support and defend the Constitution of the United States against all enemies, foreign and domestic” very seriously. It pains me to see this Administration blatantly disregard the contents of the constitution, and the federal laws and policies drafted to protect our democracy from unethical behavior.
Executive Branch officials must execute their duties in sole service of the citizens of the United States, not in support of businesses (Goya beans, Ivanka’s clothing line, Trump Hotels and Golf Clubs), other countries (Russia, Turkey, Saudi Arabia), or political campaigns.
Maria Grant says
Thank you so much for your comments. I appreciate them more than you know.
Pamela R Getson says
An excellent article at just the right time, Ms. Grant. Or, given I hear so many people surprised to hear of the Hatch Act, perhaps at almost too late a time. Thanks for offering it.
I too worked under this Act, filled out reams of paperwork, attended required ethics meetings, divested any interests or assets of mine or even my family which might cross paths with things I regulated….both when in service and then for specific years and circumstances afterward. Little did I know at the time, and even having watched people fined or indicted for actions breaking the promise of the Act, that it actually would ever be difficult to enforce. No one anticipated having a party absolutely insistent on breaking every aspect, with a fixer at the highest levels of justice to protect any and all malfeasance. Of course, it would soon become moot. And then the latest greatest taunting abuses culminating in the recent RNC utilization of Federally employed people, expenditures, influence and public property, including the WH grounds and Mall fireworks theatrics for partisan purposes! As you noted, Ms. Clark’s statement says it best: “a four-day extravaganza of unethical conduct…” Changes to the Act are being authored now in hopes to bolster its teeth against future abuses, but who knows what’s ahead? It is certainly frightening to imagine any more of the same.
Maria Grant says
Thanks so much for your comments. Like many of us, you have worked hard to follow the letter of the law. I commend you.
Stephen Schaare says
Wow, guess I touched a nerve here. Such anger and rage. Why am I excluded from the tolerance, inclusion, and diversity you libs espouse? Look like discrimination to me. Uh-oh.
Pamela R Getson says
Gee shucks.Let’s choose just one reason and take the heat off Ms. Grant, et al.
Seems the use of ridicule for self-entertainment is a pretty darned good equal opportunity exclusionary circumstance of wise INtolerance. One would hope for any group ‘membership’; hmmmm, unless perhaps you are suggesting not yours? (As much earlier, your statements, not mine). QED.
But in keeping with your overall preferred form today, I hope having this simple answer, so very curiously devoid of rage, makes you feel better baking those cookies. LOL LOL. Peace.
Maria Grant says
Peace and love.