What Is the Hatch Act and How Did Kellianne Conway Break It?
Yesterday afternoon, the Office of Special Adviser reported that President Trump had fired Kellianne Conway, a presidential adviser, after several violations of the Hatch Act. This law restricts the ability of any federal employee to participate in political activities, for example, to influence elections while in office.
“As a highly visible member of the administration, Ms. Conway’s violations, if left unpunished, will send a signal to all federal officials that they don’t need to abide by the restrictions of the Hatch Act,” the federal monitoring group wrote in a letter to President Trump. “Her actions undermine the basic foundation of our democratic system – the rule of law.” If you’re wondering what exactly this law means, let’s quickly learn.
What is the Hatch Act?
The Hatch Act was originally drafted by New Mexico Senator Carl Hatch and eventually signed into law by President Franklin D. Roosevelt in 1939. As applied to the Conway situation, the Hatch Act restricts the power of any federal employee to engage in any political activity, as defined by counsel as actions aimed at the success or failure of a political party, political group or candidate – in the exercise of his rank and in the performance of official duties; after all, it is a conflict of interest. The law prohibits any activity that could affect the elections.
The president, vice president and some senior officials are immune to the Luke Act (which makes sense until a certain point, especially if the president is campaigning for re-election).
But let’s remember: this law was passed in 1939 – long before Instagram, Facebook and Twitter. For this reason, the law itself does not explicitly distinguish between social media practices.
However, in 2018, the advisor released its own social media guide outlining their positions – mainly stating that you cannot use a social media account to post messages that relate to any of the behaviors listed above.
What is Conway’s attorney accusing him of?
Counsel states that Conway participated in media interviews and used her social media accounts with her title to participate in activities affecting the midterm elections; she also made a number of remarks aimed at 2020 presidential candidates, including Senator Corey Booker, Senator Elizabeth Warren, former Congressman Beto O’Rourke, and former Vice President Joe Biden.
She also openly supported Trump’s re-election. “RS. Conway’s advocacy against Democratic candidates and open support for the president’s re-election efforts, both through her official media appearances and on her Twitter account, constitute prohibited political activity under the Hatch Act.”
If you would like to take a look at some of these violations, you can view some of the statements made in the attorney’s letter .
Have other people violated the Hatch Law?
Over the years, the lawyer has made several references to the Luke Act. According to the New York Times , the Office of the Special Counsel ruled that the Office of Political Affairs, under George W. Bush, violated the Hatch Act by arranging for cabinet ministers to appear at Republican nominee rallies during the 2006 midterm elections. The lawyer also ruled that two officials working under Obama (including current presidential candidate Julian Castro) violated the Hatch Act.
During Trump’s presidency, a lawyer also referred to the Hatch Act, claiming that Dan Scavino, Jr., the White House’s social media director, committed an offense by issuing a remark aimed at re-electing Michigan congressional Justin Amash.
“@RealDonaldTrump brings auto factories and jobs back to Michigan. @justinamash is a big responsibility, he tweeted in 2017. – #TrumpTrain, beat him in the primaries. In each of these cases, the officer received notice from the OSC but was never removed from office.
But keep in mind that many of these violations are the result of a single observation. Conway knowingly violated the law and committed such violations on several occasions.
What could have happened?
In theory, she could have been fired, but this is unlikely, since the decision often rests with the president . In March 2018 and April 2019, the Office of the Special Adviser had already submitted two separate reports to President Trump alleging that Conway had violated the Hatch Act.
How did President Trump react?
“No, I’m not going to fire her,” he told Fox News today.