Watchdog: Biden Press Secretary Violated Hatch Act

Facts

• The US Office of the Special Counsel (OSC) has determined that White House Press Secretary Karine Jean-Pierre violated the Hatch Act, a 1939 law barring federal employees from influencing elections or performing their jobs in a biased way.¹
• The OCS cited Jean-Pierre’s use of the phrase "mega MAGA Republicans" ahead of last year's midterm elections, adding that she violated the "prohibition" of "using her official authority or influence" because she "made the statements while acting in her official capacity."²
• The watchdog noted, "the White House Counsel’s Office did not at the time believe that [her] remarks were prohibited by the Hatch Act," but that "should she again engage in prohibited political activity," it "could result in OSC pursuing disciplinary action."³
• Violators of the Hatch Act can receive fines of up to $1K or bans from federal employment.²
• The complaint against Jean-Pierre, who has frequently cited the law when declining to answer reporters' questions, was filed with the OCS by the conservative watchdog group Protect the Public Trust in November.⁴
• Past violators of the Hatch Act include Trump-era Secretary of State Mike Pompeo and Obama Housing and Urban Development Secretary Julian Castro.⁵

Sources: ¹CNN, ²New York Post, ³Guardian, ⁴Washington Post, and ⁵The Washington Times.

Narratives

• Democratic narrative, as provided by CNN. Opposition interest groups and politicians regularly file Hatch Act complaints, so this is nothing new. It’s basically a workplace guideline, and violators are typically punished by verbal reprimands. To show how easy it is to violate, more than a dozen officials from the past three administrations have faced public OCS scolding, including 13 during Trump's term.
• Republican narrative, as provided by National Review. Jean-Pierre is a historically bad press secretary who now has broken the law. Although she receives friendly mainstream media coverage as a Democrat, she routinely finds herself embarrassed on the world stage. Given her track record, the Biden administration would be better off canceling press conferences rather than risking further missteps.