The Hatch Act: Why the Trump Administration is Breaking this Law

As the shutdown goes on and on, the Republican Party is attempting to deflect from the fact that it controls all three branches of government by blaming Senate Democrats for the impasse. It’s politics as usual, but with one glaring difference: the administration is actively attacking Democrats on the landing pages of government websites. Check out any random federal department page and you are likely to see something like this:

Screenshot from Department of Housing and Urban Development website

Or, if you were travelling recently, you might have seen this on some airport screens:

Kristi Noem, Secretary of the Department of Homeland Security

These are not just lies. These are not just unprecedented. This is not politics as usual. These are violations of the Hatch Act, which is meant to keep government work and campaign politics separate.

What the Hatch Act Says

Enacted in 1939, the Hatch Act restricts political activity by federal employees while they’re on the job or using government resources. In simple terms, if you work for the federal government, you can’t:

• Use your position to influence an election.

• Engage in partisan political activity while on duty.

• Use taxpayer-funded resources (like email, offices, or websites) to promote or attack a party or candidate.

The Office of Special Counsel (OSC), an independent agency that investigates complaints, is empowered to enforce the law..

The Response

Watchdog groups have filed Hatch Act complaints against several agencies, including the Department of Housing and Urban Development, after partisan language appeared on public websites and in employee email replies. Many airports have refused to air the video.

What Happens if the Hatch Act Is Violated

Consequences depend on the severity of the offense. OSC can recommend

• A reprimand or suspension,

• Loss of pay,

• Demotion or debarment from federal service for up to five years, or

• Removal from government employment altogether.

In high-profile cases, these penalties can also be accompanied by congressional oversight hearings and significant public scrutiny. 

Typically, OSC would investigate quickly. But during a shutdown, OSC staff have been mostly furloughed, delaying any action. Also, in this current administration, there appear to be severe penalties for federal agencies that do not toe the Trump administration line and federal agencies no longer seem to have any independence.

Also, since these orders appear to have come from the highest levels of government, it is unlikely that any individual department will be censured for these violations. Instead, this is simply a pattern of law-breaking and disregard for precedent by the current Trump administration. The administration is acting with impunity, believing that, given its majority support in the Supreme Court and voters' short memories, it can get away with pretty much anything. After all, if it can successfully win the messaging game and point fingers at the Democrats for the pain of the shutdown, it will remain in power and thereby continue its assault on the rule of law.