White House staffers who violate the law by participating in political activities on the job will soon begin to face real consequences.
The Office of the Special Counsel, tasked with enforcing the Hatch Act, moved to close the “loophole” in which the president had the sole prerogative to pursue or ignore violations.
in New enforcement guidelines Under the plan announced Monday, violations by White House officials will instead be adjudicated by the Merit System Protection Board (MSPB), which can impose penalties.
“Senior White House staff (including presidential advisers and appointed officials) The law is not fully enforced. Today, that changes,” said Hampton Dellinger, head of the OSC. Written in an article for Politico.
Previously, the MSPB did not have enough Senate-confirmed members, which was the basis for Congressional legitimation. Panel of 3 members According to a 1978 Department of Justice opinion, the law has not been fully enforced.
The Hatch Act, passed in 1939, prohibits public officials in the presidential administration from engaging in partisan political activity.
This does not apply to the president, vice president, and most Senate-confirmed positions.
For years, key White House officials have casually ignored the law.
This too White House Press Secretary Karine Jean-Pierreand former White House Chief of Staff Ron Klain, who frequently invokes the Hatch Act to avoid political questions.
Back in 2019, OSC Recommended by President Trump’s advisor Kellyanne Conway is fired for numerous violations.
But before the new changes, the OSC rarely referred cases to the MSPB for enforcement, instead deferring them to the president.
The OSC has made two additional policy changes that impact White House staff.
The OSC tweaked its policy to further crack down on political “items” and clothing supporting specific candidates in federal offices, including around Election Day.
Another rule change provides that staff who leave their jobs may still face the consequences of violations that occurred before they left their jobs.
“Finding the exact line between protected and prohibited speech in the workplace may require close calls and judgment,” Dellinger added.
“Another important part of OSC’s mission is to support the right of federal employees to speak out on policy issues, so the need to balance robust enforcement of the Hatch Act with careful consideration of public employees’ speech rights is critical.”
