Biden’s Era: Hatch Act Violations No Longer Headline Corruption

During Donald Trump’s presidency, mainstream media were very serious about violations of the Hatch Act, which bans government officials from campaigning on the job. Now that the Biden administration is blowing off the federal ethics law, media are treating it like a joke.

Then: Journalists covered Hatch Act infractions by Trump officials like they were abuses of power, and the law and its enforcer, the Office of Special Counsel, like venerable safeguards of American democracy. Even potential violations were headline news.

Did a tweet from Dan Scavino — Trump’s golf caddie turned presidential social media guru — violate the Hatch Act? https://t.co/douvRGkoRy

— NPR (@NPR) April 9, 2017

A U.S. federal agency urged President Trump to fire Kellyanne Conway for violating a law barring partisan politics for federal workers.

In a report to the president, the agency called Conway a “repeat offender” of the Hatch Act. https://t.co/mOGuSURbUx

— The New York Times (@nytimes) June 13, 2019

Ivanka Trump violated the Hatch Act. What that means, and why it matters. https://t.co/ShXMHFyoU3

— MSNBC (@MSNBC) June 20, 2019

As Trump appointees flout the Hatch Act, civil servants who get caught get punished https://t.co/No8mi7J1gL

— The Washington Post (@washingtonpost) August 29, 2020

The Hatch Act and other rules like it aren’t just about obscure regulations or Washington norms — they safeguard the values of election integrity and good governance.

More, via @FiveThirtyEight: https://t.co/P4KPLwrjnI

— ABC News (@ABC) September 2, 2020

Now: Despite past pledges by President Joe Biden’s team to honor the Hatch Act, White House press secretary Karine Jean-Pierre and her deputy, Andrew Bates, willfully violated the law on Wednesday. They issued statements making several references to “MAGA” just a week after the Office of Special Counsel dinged Jean-Pierre for a previous use of Trump’s campaign slogan and warned officials not to do it again lest they face prosecution.

Far from treating the White House’s lawlessness as a threat to democracy, the media have matter-of-factly explained that the senior officials are effectively above the Hatch Act.

Washington Post: “Biden’s Press Secretary Violated the Hatch Act. And…?”:

Enforce it? You and what army?

And that gets to the crux of the matter. OSC has no power to discipline very senior administration officials who violate the Hatch Act.

Associated Press: “White House Press Secretary Has Violated Rule Against Politics on the Job, Watchdog Says”:

Her offense: Making frequent references to ‘MAGA Republicans’ during White House briefings. …

Penalties for Hatch Act violations are uncommon, and the office did not recommend any fines or other punishments for Jean-Pierre.

Violations were much more common under President Donald Trump.

CBS News: “What is the Hatch Act—And What Counts as a Violation?”:

The incident has prompted questions about the definition of the law known as the Hatch Act. …

CNN: “What is the Hatch Act?:“

The rule is a workplace guideline, and violating it is not a crime. Responses can vary significantly after employees violate the rule, from a slap on the wrist to loss of a job. …

Complaints are somewhat routine, and the debate over high-profile violations can be sharp, with interest groups and legal experts regularly weighing in and accusing government officials of violations.

It almost seems like the media have two separate sets of ethics.

Ivanka Trump may have violated an ethics rule when she endorsed Goya black beans https://t.co/QQ6bR13EeE pic.twitter.com/pcL3GSXwgz

— CNN (@CNN) July 15, 2020

More than 50 former senior intelligence officials believe the recent disclosure of emails allegedly belonging to Hunter Biden ‘has all the classic earmarks of a Russian information operation” https://t.co/T58QhdXEJd

— POLITICO (@politico) October 20, 2020