Letter to Henry Kerner, Special Counsel from the Office of Special Counsel - Congressmen Krishnamoorthi And Beyer Call On The Office Of The Special Counsel To Investigate Potential Hatch Act Violations At The RNC

Letter

Dear Special Counsel Kerner:
I'm writing to respectfully request that the Office of Special Counsel (OSC) investigate whether Acting DHS
Secretary Chad Wolf and other senior members of the Trump Administration violated the Hatch Act on August
25, 2020 through using their positions, official resources, and the White House itself, to participate in the
Republican National Convention. Specifically, they coordinated a citizenship ceremony and a pardon as elements
in the convention's nationally-televised programming. These actions were clearly directed toward the specific
success of a political party and candidates in a partisan race, including President Donald J. Trump. Through their
actions, these officials mixed official government business with political activities as part of one of the largest
political campaign events of the year.
Under the Hatch Act, any executive branch employee is explicitly barred from "us[ing] his official authority or
influence for the purpose of interfering with or affecting the result of an election."1
Activities covered by this
prohibition include the official "[u]sing his or her official title while participating in political activity," with the
act defining "political activity" as "an activity directed toward the success or failure of a political party, candidate
for partisan political office, or partisan political group."2
Notably, the OSC has already acknowledged in its report on Kellyanne Conway that while the President and Vice
President are exempt from the Hatch Act, executive branch employees acting on their behalf are not in turn
exempted:
While the President is exempt from the Hatch Act, his exemption does not extend to any other employee,
including those employed in the White House Office. OSC understands that [an employee's] job duties
may include publicly reinforcing the Administration's positions on a host of policy issues. And the Hatch
Act does not prohibit [an employee] from doing so, provided she carries out her job duties in a manner
that complies with the law.3
On the evening of August 25, 2020, Rebecca Ballhaus, a journalist reporting for the Wall Street Journal, tweeted
that a White House official argued the naturalization ceremony led by Acting Secretary Wolf didn't violate the
Hatch Act because the White House "publicized the content of the event on a public website this afternoon and
the campaign decided to use the publically available content for campaign purposes."4
Regardless of what the
White House may contend was the nature of the scheduling, I would point you again to the Hatch Act itself which
is explicit about purpose as it prohibits an executive branch employee from, "us[ing] his official authority or Dear Special Counsel Kerner:
I'm writing to respectfully request that the Office of Special Counsel (OSC) investigate whether Acting DHS
Secretary Chad Wolf and other senior members of the Trump Administration violated the Hatch Act on August
25, 2020 through using their positions, official resources, and the White House itself, to participate in the
Republican National Convention. Specifically, they coordinated a citizenship ceremony and a pardon as elements
in the convention's nationally-televised programming. These actions were clearly directed toward the specific
success of a political party and candidates in a partisan race, including President Donald J. Trump. Through their
actions, these officials mixed official government business with political activities as part of one of the largest
political campaign events of the year.
Under the Hatch Act, any executive branch employee is explicitly barred from "us[ing] his official authority or
influence for the purpose of interfering with or affecting the result of an election."1
Activities covered by this
prohibition include the official "[u]sing his or her official title while participating in political activity," with the
act defining "political activity" as "an activity directed toward the success or failure of a political party, candidate
for partisan political office, or partisan political group."2
Notably, the OSC has already acknowledged in its report on Kellyanne Conway that while the President and Vice
President are exempt from the Hatch Act, executive branch employees acting on their behalf are not in turn
exempted:
While the President is exempt from the Hatch Act, his exemption does not extend to any other employee,
including those employed in the White House Office. OSC understands that [an employee's] job duties
may include publicly reinforcing the Administration's positions on a host of policy issues. And the Hatch
Act does not prohibit [an employee] from doing so, provided she carries out her job duties in a manner
that complies with the law.3
On the evening of August 25, 2020, Rebecca Ballhaus, a journalist reporting for the Wall Street Journal, tweeted
that a White House official argued the naturalization ceremony led by Acting Secretary Wolf didn't violate the
Hatch Act because the White House "publicized the content of the event on a public website this afternoon and
the campaign decided to use the publically available content for campaign purposes."4
Regardless of what the
White House may contend was the nature of the scheduling, I would point you again to the Hatch Act itself which
is explicit about purpose as it prohibits an executive branch employee from, "us[ing] his official authority or Dear Special Counsel Kerner:
I'm writing to respectfully request that the Office of Special Counsel (OSC) investigate whether Acting DHS
Secretary Chad Wolf and other senior members of the Trump Administration violated the Hatch Act on August
25, 2020 through using their positions, official resources, and the White House itself, to participate in the
Republican National Convention. Specifically, they coordinated a citizenship ceremony and a pardon as elements
in the convention's nationally-televised programming. These actions were clearly directed toward the specific
success of a political party and candidates in a partisan race, including President Donald J. Trump. Through their
actions, these officials mixed official government business with political activities as part of one of the largest
political campaign events of the year.
Under the Hatch Act, any executive branch employee is explicitly barred from "us[ing] his official authority or
influence for the purpose of interfering with or affecting the result of an election."1
Activities covered by this
prohibition include the official "[u]sing his or her official title while participating in political activity," with the
act defining "political activity" as "an activity directed toward the success or failure of a political party, candidate
for partisan political office, or partisan political group."2
Notably, the OSC has already acknowledged in its report on Kellyanne Conway that while the President and Vice
President are exempt from the Hatch Act, executive branch employees acting on their behalf are not in turn
exempted:
While the President is exempt from the Hatch Act, his exemption does not extend to any other employee,
including those employed in the White House Office. OSC understands that [an employee's] job duties
may include publicly reinforcing the Administration's positions on a host of policy issues. And the Hatch
Act does not prohibit [an employee] from doing so, provided she carries out her job duties in a manner
that complies with the law.3
On the evening of August 25, 2020, Rebecca Ballhaus, a journalist reporting for the Wall Street Journal, tweeted
that a White House official argued the naturalization ceremony led by Acting Secretary Wolf didn't violate the
Hatch Act because the White House "publicized the content of the event on a public website this afternoon and
the campaign decided to use the publically available content for campaign purposes."4
Regardless of what the
White House may contend was the nature of the scheduling, I would point you again to the Hatch Act itself which
is explicit about purpose as it prohibits an executive branch employee from, "us[ing] his official authority or influence for the purpose of interfering with or affecting the result of an election."5
The publicization of the event
offers no defense for actions clearly orchestrated for the purpose of influencing an election as part of a nationallytelevised partisan event carefully planned days, if not weeks, in advance.
The Hatch Act explicitly prohibits federal employees from participating in partisan political activity in an official
capacity, barring them from engaging in any activity directed toward the success or failure of any political party
or candidate. The inclusion of Acting Secretary Wolf and other federal employees in an official capacity in the
proceedings of the Republican National Convention, which explicitly advocates for the success of a political party,
appears to have violated the Hatch Act, and OSC should immediately commence an investigation and take
appropriate disciplinary action against those involved and responsible.
We request an update on your actions on this matter by September 9th

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