With a government shutdown likely minutes away, many U.S. federal agencies are laying blame at the door of congressional Democrats for the unexpected crisis. This has led to further questions about illegal Hatch Act violations. The Hatch Act severely limits the political activities of government employees, similar to protecting a nonpartisan federal workforce.
The potential shutdown would put nearly 750,000 federal workers on furloughs. Some of them may even become at risk of firing as the Trump administration doubles down on efforts to botch workforce cuts. An email from the Department of Health and Human Services (HHS) that was released by staffers to The Guardian laid the blame squarely on Democrats. It claimed that any shortfall in funding would be “driven by congressional Democrats.”
Richard Painter, chief White House ethics lawyer from 2005 – 2007 under President George W. Bush, pegged these actions as extremely atypical for federal agencies. In addition, he explained, public entities generally do not insert overtly partisan attacks in official correspondence, especially when a government entity is funding the initiative.
For one, experts in federal legal matters have issued warnings about the legality of the agencies’ moves as overreach. Kathleen Clark, a professor of law at Washington University, said unequivocally that the agencies’ actions are against the Hatch Act. She made a clear call for strict compliance with this law.
“In other words, this email has a partisan political goal. This email is both a violation of the Hatch Act and an abuse of government power.” – Kathleen Clark
Things quickly spiraled as press releases from agency after agency soon mirrored the same rhetoric. The Department of Housing and Urban Development (HUD) warned that “the Radical Left are going to shut down the government and inflict massive pain on the American people unless they get their $1.5tn wishlist of demands.” U.S. Department of Veterans Affairs has expressed alarm. They claim that Radical liberals in Congress are trying to implement their radical agenda by forcing a government shutdown.
Marty Makary, chief of U.S. Food and Drug Administration (FDA), addressing collapse FDA staff directly on Sunday afternoon. Pointing to the possibility of future employee firings, he offered assurances in a video message. His comments come at a time when advocates are anxious that the administration’s actions will only stoke tensions over feds and federal operations even more.
The Hatch Act very clearly forbids the use of federal money to lobby against or in favor of such standards or for picking winners between competing political interests. Critics argue that by blaming a specific political party for funding lapses, federal agencies risk crossing ethical lines and undermining public trust.
Donald Trump already “decapitated” the agency that enforces Hatch Act violations, casting doubt on enforcement and accountability. Even as we approach the midnight deadline, the consequences of these acts continue to weigh heavily on federal direct hires and the functioning of our government.