Federal agencies are facing scrutiny for potentially violating the Hatch Act by engaging in partisan political messaging during the ongoing government shutdown. The Democracy Defenders Fund (DDF) filed that complaint. In doing so, they take aim at multiple agencies, including the Small Business Administration (SBA) and Department of Agriculture (USDA), accusing them of engaging in unlawful political activity. The Office of Special Counsel (OSC) is another independent agency that enforces the provisions of the Hatch Act. It is now closed due to a funding lapse, unacceptable accountability on such things as Confederate flag displays.
As you may know, the Hatch Act prohibits federal employees from engaging in partisan political activity while on duty. It stops them from abusing their ceremonial roles to influence elections. Numerous federal agency websites have taken to posting warnings which lay the blame for the potential shutdown at the feet of Democrats. Yet, this reality has led to accusations of wrongdoing from advocacy organizations and legislators. During the third off again, on again, shutdown, I have been one of the hundreds of thousands of federal employees furloughed. Major agency functions have ground to a virtual standstill.
Public Citizen, a non-profit, non-partisan consumer advocacy organization, filed a complaint against the SBA. They were opposed to a disclaimer on the SBA’s website that accused Democrats for the government shutdown. Much in the same vein, the USDA’s website included language laying full responsibility for the crisis at the feet of Democratic legislators. Furloughed federal employees at agencies involved in the shutdown have started getting guidance on how to prepare out-of-office messages. These messages made it very clear that they weren’t operating due to the “Democrat-led” shutdown.
Such scenario has led to blistering rebuke from Rep. Jamie Raskin, one of the Democrats’ leaders and constitutional attorney. He claimed the Trump administration turned taxpayer-funded communications into “MAGA propaganda organs.” He noted that this represented a “naked violation” of the Hatch Act.
“If any agency head under any previous Administration ever used official letterhead to promote their political views, they would have been instantly fired, if not prosecuted,” – Maryland Representative Jamie Raskin
The DDF’s complaint highlights that all of these actions likely constitute violations of the Anti-Deficiency Act. Further, they might violate long-standing prohibitions on using federal funds for political propaganda. Donald Sherman, executive director and chief counsel of Citizens for Responsibility and Ethics in Washington (CREW), stated that the use of government websites for partisan messaging is “extraordinarily irresponsible and inappropriate.”
“Some of it, I think, is illegal. Some of it is not illegal, depending on the law that you’re talking about, but it’s extraordinarily irresponsible and inappropriate,” – Donald Sherman
Sherman further emphasized that the politicization of government conduct is part of a broader pattern seen under the current administration.
“It’s part of a pattern and practice of politicizing and weaponizing the government in ways that we have not seen before,” – Donald Sherman
Now enter President Trump’s recent – and rather controversial – decision to fire the head of the OSC and replacing them with Jamieson Greer. This very concerning move calls into question the independence of the agency assigned to enforce the Hatch Act. Yet as the OSC continues to be closed due to a longstanding funding cap, enforcement of any future violations is made ever more difficult.
One employee from the Department of Energy (DoE) revealed that they had been directed to utilize specific auto-reply messages during the shutdown. The employee noted:
“This message is uniform and provided to us by the Department. We all enabled the auto-reply before logging off for the shutdown.”
The snuck in thing they hated was permitting non-intentional changes to steal through after such messages were logged off.
“However, the Department has gone in without our knowledge or approval and changed the message,” – a DoE employee
Virginia Canter, chief counsel and director of ethics and anti-corruption at DDF, condemned these efforts as a hallmark of authoritarianism.
“This is how authoritarians operate: they blur the lines between the state and themselves,” – Virginia Canter
Federal government websites soon paralleled the sentiments Trump was spreading. He attributed Democrats as the cause for what he called “reckless spending and obstructionism.”
“The radical left has chosen to shut down the United States government in the name of reckless spending and obstructionism,” – The treasury department’s website
As federal agencies navigate these accusations amidst a government shutdown impacting essential services, concerns over ethical conduct remain at the forefront. Craig Holman, a government ethics expert with Public Citizen, noted that agencies like the SBA are engaging in partisan intimidation increasing levels. This change has taken place largely due to regulatory oversight having eroded under Trump’s appointees.
“The SBA and other agencies increasingly adopting this illegal, partisan tactic think they can get away with it because Trump has gutted any and all ethics oversight of the federal government,” – Craig Holman