Hatch Act Violations in the Biden Administration

A few days back, it was reported that Biden's chief of staff Ron Klain received a warning for violating the Hatch Act after he retweeted a political group’s post from his government Twitter account.

​​​​​​​​​​​​​​​​The Hatch Act is a federal law that was passed in 1939.  The law “limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs.” ​

(source: Defense Logistics Agency, public domain)

Back in May, Klain retweeted a post from the Democrat PAC thanking Biden for shipping out baby formula during the spring shortage.

The tweet also contained a link to the PAC store with the text, “Get your Democrats Deliver merch today!” This was obviously a solicitation for Democrat merchandise, which made it political.

Klain removed the retweet when he learned of the complaint.

America First Legal, a group run by former Trump administration official Stephen Miller, brought the retweet to the attention of the Office of Special Counsel (OSC) which is an independent federal agency.

The OSC concluded that Klain was in violation of the Hatch Act,  yet decided that Klain would receive only a warning because he promptly removed the tweet.

The following is a key except regarding the OSC’s decision:

“Although OSC has concluded that Mr. Klain violated the Hatch Act, we understand that he promptly removed the retweet upon being notified of this complaint. Accordingly, we have decided not to pursue disciplinary action and will close this matter. Mr. Klain has been warned that if in the future he engages in activity prohibited by the Hatch Act while employed in a covered position, OSC would consider such activity to be a willful and knowing violation of the law that could result in disciplinary action.”

White House press secretary Karine Jean-Pierre told reporters that Klain is “very careful” and takes the act seriously but “got it wrong this time.”

“He fixed it as soon as it was pointed out and takes the warning to be more careful seriously."

As expected, she claimed the Trump administration "blatantly, openly, and carelessly violated the Hatch Act repeatedly.”

So how has the Biden administration's record been?

Biden’s Former press secretary Jen Psaki was also previously called out for Hatch Act violation when she said the following about the 2021 Virginia governor’s race.

“We’re going to do everything we can to help former Gov. [Terry] McAuliffe, and we believe in the agenda he’s representing,” she said of the Democratic nominee.”

In March 2021, Housing and Urban Development Secretary Marcia Fudge violated the Hatch Act by signaling support for Democratic candidates for the upcoming 2022 Ohio Senate election

Biden’s frequent mention of “MAGA” and “ultra-MAGA” probably could be considered a violation of the Hatch act.

What about Biden's admin using agencies to persecute political opponents?

In the past Bush Administration officialsObama administration officials, and Trump administration officials have been called out for violating the Hatch Act

As always, the mainstream media creates a firestorm for violations during a Republican administration.

The law’s potential penalties include debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000.

But the question is: has any official in recent times ever suffered the consequences for Hatch Act violations?

Biden fired Herschel Walker and Mehmet Oz from their positions on the President's Council on Sports, Fitness, and Nutrition due to the two being active Republican United States Senate candidates. The terminations were a result of Hatch Act violations.

But apart from that, there haven’t been any major job losses in recent history.

Why then does a law even exist if a violation has no consequences?

The law doesn’t seem to make practical sense, especially in today’s polarizing climate.

It is inevitable that Presidents, their cabinet members, their staff, and the rest make political statements. 

Politics is the reason they got elected. The implementation of their agenda is related to politics. The Medal of Honor is usually given to individuals who are politically aligned with the sitting President. Guests and speakers invited to the White House for any engagement are also usually based on political affiliations. 

Politics and governance are inextricably tied.

Back to the Hatch Act.  Its purpose is to “ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.​​​​ “

Perhaps the save time, money, and human effort, the Hatch act can be amended to exclude the President, his cabinet members, and staff members.

However, the part about federal programs being administered in a nonpartisan fashion and protection of federal employees from retaliation for their political leanings needs to remain and perhaps be strengthened.

The Hatch act must apply to government agencies that have been politicized. 

The law must be enforced, and penalties must be levied against those who are abusing their power to push their political agenda.

But do not expect the DC Democrat establishment and the Deep state will never ever initiate remedial measures and penalize their own. The Democrats see every agency as a means to accumulate power and influence, perhaps pecuniary gains as well.

If the law is amended, the question is who will enforce that law?

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