Hatch Act violation by White House press secretary?

White House Press Secretary Karine Jean-Pierre appears to violate the Hatch Act with a catch phrase she habitually uses.

The Hatch Act detail

According to Axios, Jean-Pierre continues to use the phrase MAGA Republicans to describe opponents of President Biden’s policies. Such language, the Office of Special Counsel’s Hatch Act Unit has already said, violates the Hatch Act.

The OSC said they would send the Press Secretary a letter warning her against using the phrase. But, The Western Journal notes, she continues to use it anyway.

Karine Jean-Pierre first started using the phrase in a briefing on November 2, 2022, six days before Midterms. She spoke of “MAGA Republican officials” who, she said, “don’t believe in the rule of law.” In fact she specifically accused them of tacitly approving “political violence.” Although she gave ho specifics in her opening remarks, she appeared to refer, in answer to a question, to the alleged attack against Paul Pelosi, husband of Rep. Nancy Pelosi (D-Calif.), then Speaker of the House.

The next day, Michael Chamberlain, director of Protect the People’s Trust, sent a letter to the Office of Special Counsel’s Hatch Act Unit complaining about the phrase. He also copied it to the President’s Counsel.

The Act forbids political activity by federal employees “while on duty, in a federal facility or using federal property.” While it might not forbid one employee to “talk politics” with another, it definitely forbids federal office staff to use federal office equipment or supplies to produce campaign materials, or to send such materials out as official mail.

Investigation

The Hatch Act unit seems to have taken Mr. Chamberlain’s request seriously. In a letter dated June 7, they wrote back saying they agreed with his interpretation of Jean-Pierre’s phraseology. That she spoke “to generate opposition to Republican candidates” constituted political activity, in violation of the Act. The letter concluded that she received a warning, and that further violations “could result in … disciplinary action.”

More generally the Hatch Act Unit sent out an advisory opinion warning federal employees not to use the acronym MAGA or the phrase “Finish the Job.” But the White House Press Office sent a statement to Axios in which the acronym figured prominently. The Press Secretary herself offered a tu quoque defense – though whether the Hatch Act applies to a Member of Congress is far from clear.