Hatch Act Violations: Using White House and Federal Resources for Campaign Events
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The 2020 Republican National Convention featured events staged at the White House — a building owned by the federal government and maintained with taxpayer funds — in ways that previous administrations of both parties had avoided. The OSC, which enforces the Hatch Act prohibiting federal employees from using their official capacity or government resources for political activity, found multiple violations. Secretary Pompeo's Jerusalem speech was the highest-profile Hatch Act referral; the OSC concluded he had violated the act. Other officials investigated included Kellyanne Conway (previously recommended for removal for Hatch Act violations in 2019). The naturalization ceremony conducted by USCIS Director Cuccinelli at the convention for five new citizens was also reviewed.
Overview
The 2020 Republican National Convention used the White House — a federal building maintained at taxpayer expense — as its main stage. Previous conventions of both parties had specifically avoided this.
The Office of Special Counsel found Secretary of State Pompeo violated the Hatch Act by giving his convention speech from Jerusalem while on official government travel. Trump himself is exempt from the Hatch Act.
The White House as Stage
The South Lawn holds approximately 1,500 people. On August 27, 2020, it held Trump's acceptance speech, with official White House staff involved in logistics. The building behind the speech was lit with red, white, and blue lights paid for with taxpayer funds.
Every modern administration — Democratic and Republican — had avoided using the White House this way. The norm existed for a reason: the executive mansion belongs to the office, not the occupant.
The Pompeo Violation
Pompeo's case was clear enough that the OSC made a formal finding. He was on official State Department travel, funded by the government. He gave a Republican convention address from Jerusalem. Using his official position and official travel to participate in a partisan political event was the exact conduct the Hatch Act prohibits.
The referral went to the State Department for disciplinary action. No disciplinary action was taken.
The Conway Pattern
Kellyanne Conway had been recommended for removal by the OSC — the watchdog specifically charged with Hatch Act enforcement — in June 2019. The recommendation cited "numerous violations." The administration declined to act. The OSC has no enforcement mechanism against presidential appointees who refuse to comply; it can only recommend.
Conway resigned in August 2020. No enforcement followed.
Timeline
Sequence of events
June 13, 2019
OSC recommends Conway removal for Hatch Act violations
The Office of Special Counsel recommends Kellyanne Conway's removal from federal service for repeated Hatch Act violations — the first such recommendation for a senior White House official. The Trump administration declines to act.
August 24, 2020
RNC events begin at White House
Republican National Convention events begin using White House grounds, including an address by Melania Trump from the Rose Garden. Previous conventions of both parties had avoided using federal government property.
August 27, 2020
Trump acceptance speech from White House South Lawn
Trump delivers his RNC acceptance speech from the White House South Lawn before hundreds of guests — the first time the executive mansion was used as a partisan convention venue in modern history.
September 1, 2020
OSC finds Pompeo violated Hatch Act
The OSC issues a finding that Secretary Pompeo violated the Hatch Act by delivering an RNC speech from Jerusalem while on official State Department travel. The finding is referred to the State Department.
Sources
- ↑ Republicans Used the White House as a Convention Backdrop — The New York Times
- ↑ Pompeo violated the Hatch Act with RNC speech from Jerusalem, watchdog finds — The Washington Post
- ↑ OSC finds Pompeo violated Hatch Act; multiple officials referred — The Associated Press
- ↑ OSC Investigative Report — Pompeo Hatch Act Violation — U.S. Office of Special Counsel
Verification