Recent partisan content found on government websites has raised concerns that some federal employees may have breached the Hatch Act, a law from 1939 that limits certain political activities of federal workers.
The Hatch Act aims to ensure that federal programs are administered fairly, protecting employees from political pressure and guaranteeing that promotions are based on merit rather than political ties, according to a summary provided by the government.
In response, Democrats on the House Oversight Committee promptly sent a letter to the special counsel asking for an investigation into potential violations linked to statements on the Small Business Administration (SBA) and Department of Housing and Urban Development (HUD) websites. These statements accused “Senate Democrats” and the “radical left” of being responsible for the government shutdown and its effects on the public, and they remain visible weeks later.
Public Citizen, a watchdog organization based in Washington, D.C., has also lodged a complaint with the Office of Special Counsel (OSC), highlighting the partisan nature of the language used on these websites, which they describe as clear violations of the Hatch Act.
One representative from Public Citizen expressed confusion over HUD’s apparent disregard for these guidelines, suggesting that the Trump administration has weakened the enforcement of ethics within the executive branch.
This same organization previously filed a complaint about Homeland Security Secretary Kristi Noem, who had a video shown at TSA checkpoints criticizing Democrats over the shutdown, which was also alleged to violate the Hatch Act. Senator Maria Cantwell has also called for an investigation into Noem’s video and the DHS’s involvement in screening it across airports, many of which declined to air it due to its partisan tone.
Complaints about potential breaches of the Hatch Act have reached the OSC, whose main role is to protect federal employees from discriminatory practices. However, the OSC’s Hatch Law Division is currently unavailable due to budget constraints and hasn’t been able to respond to recent inquiries.
If operational, the OSC would review these allegations and take appropriate action if violations are found, forwarding any charges for government adjudication. It’s important to note that while some federal employees, such as those in the FBI and NSA, face stricter rules regarding political activities, the potential repercussions for the leaders of the SBA, HUD, and DHS, who were appointed by Trump, may not follow through given their current political connections. Trump himself could decide on various disciplinary measures if violations occur, which could range from suspension to removal from federal service.
Experts consulted by the Associated Press largely agree that the messages in question likely do violate the Hatch Act, citing the inappropriate use of government resources for partisan communications, as stated by a government ethics lawyer.
In contrast, another expert believes that the relevant language does not directly refer to voters or candidates but focuses on policy disputes, which he claims aren’t covered under the Hatch Act. Nevertheless, he acknowledged that the postings could violate other ethical standards and deemed them “highly inappropriate.”
