Hatch Act (1939)

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    Garland Adds Limits at Justice Dept. on Political Activity of Staff

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    Attorney General Merrick B. Garland on Tuesday imposed new restrictions on partisan activity by political appointees at the Justice Department, a policy change that comes ahead of the midterm elections.The new rules prohibit employees who are appointed to serve for the duration of a presidential administration from attending rallies for candidates or fund-raising events, even as passive observers.Under the Hatch Act, which bars federal employees from engaging in political activities while on the job, the department had previously allowed appointees to attend such events as passive participants provided they had permission from a supervisor.That is now banned. Under the new policy, the department also prohibits appointees from appearing at events on election night or to support relatives who are running for office. Both had been allowed in the past with prior approval.“We have been entrusted with the authority and responsibility to enforce the laws of the United States in a neutral and impartial manner,” Mr. Garland wrote in a memo sent to department employees.“In fulfilling this responsibility, we must do all we can to maintain public trust and ensure that politics — both in fact and appearance — does not compromise or affect the integrity of our work,” he added.Mr. Garland’s memo was accompanied by a pair of notices from Jolene Ann Lauria, acting assistant attorney general for administration, reminding employees of the department’s existing regulations under the Hatch Act.All department employees are prohibited from engaging in political activity at work, and when using a government-issued phone, email account or vehicle. They are not allowed to seek partisan elective office, enlist subordinates in campaigns or ask co-workers for political donations.Other career employees, including F.B.I. employees and administrative law judges, are banned from a much broader array of partisan activity; they are prohibited, for example, from addressing a political rally or helping a political group with driving voters to the polls on Election Day.The policy change coincides with intensifying government investigations into former President Donald J. Trump.Mr. Trump has lashed out at the attorney general and President Biden, baselessly claiming that they conducted a partisan witch hunt in the search of his Mar-a-Lago residence in Florida on Aug. 8.After the search, the F.B.I. reported a surge in threats against its agents; an armed man tried to breach the bureau’s Cincinnati field office, before being killed in a shootout with the local police.Mr. Garland is also overseeing the sprawling investigation into the attack on the Capitol on Jan. 6, 2021, which has increasingly focused on the actions of Mr. Trump and his supporters.The attorney general has repeatedly said he will go where the evidence leads him, unmoved by political considerations or concerns about a backlash, without “fear or favor.” More

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      Trump Officials Illegally Campaigned While in Office, Watchdog Finds

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      Mr. Trump’s son-in-law and his chief of staff are among those accused of violating a law designed to prevent federal employees from abusing their power.WASHINGTON — Thirteen of President Donald J. Trump’s most senior aides — including his son-in-law and his chief of staff — campaigned illegally for Mr. Trump’s re-election in violation of a law designed to prevent federal employees from abusing the power of their offices on behalf of candidates, a government watchdog agency said Tuesday.Henry Kerner, who heads the Office of Special Counsel, made the assertion in a withering report that followed a nearly yearlong investigation into “myriad” violations of the law, known as the Hatch Act.“Senior Trump administration officials chose to use their official authority not for the legitimate functions of the government, but to promote the re-election of President Trump in violation of the law,” the report concluded.Investigators in Mr. Kerner’s office said Trump administration officials purposely violated the law prohibiting political activity during the final few weeks of the administration, when they knew that the Office of Special Counsel would not have time to investigate and issue findings before Election Day.“The administration’s willful disregard for the law was especially pernicious considering the timing of when many of these violations took place,” the report said.Violations of the Hatch Act are not uncommon for any presidential administration. In October, Jen Psaki, the White House press secretary, apologized after an outside group accused her of violating the law by commenting in the White House press room on the pending governor’s race in Virginia.But the Kerner report describes something more rare: a concerted, willful effort to violate the law by the most senior officials in the White House. The Washington Post disclosed the report’s release earlier on Tuesday.The people accused of breaking the law are a who’s who of Trump officials: Secretary of Energy Dan Brouillette; Kellyanne Conway, counselor; Alyssa Farah, White House communications director; David Friedman, ambassador to Israel; Jared Kushner, senior adviser; Kayleigh McEnany, press secretary; Mark Meadows, chief of staff; Stephen Miller, senior adviser; Brian Morgenstern, deputy press secretary; Robert C. O’Brien, national security adviser; Marc Short, chief of staff to the vice president; Secretary of State Mike Pompeo; and Acting Secretary of Homeland Security Chad Wolf.The report said that Mr. Pompeo and Mr. Wolf violated the law through their actions during the Republican National Convention, which took place at the White House because of the pandemic.It said Mr. Pompeo campaigned illegally “by changing U.S. Department of State (State Department) policy to allow himself to speak at the convention and then, when engaging in political activity by delivering that speech, using his official authority by repeatedly referencing the work of the State Department.”Mr. Wolf “violated the Hatch Act by presiding over a naturalization ceremony that was orchestrated for the purpose of creating content for the convention,” the report said.The rest of the officials broke the law by overtly campaigning “during official interviews or media appearances.”“The administration’s attitude toward Hatch Act compliance was succinctly captured by then-Chief of Staff Mark Meadows, who said during an interview that ‘nobody outside of the Beltway really cares’ about Trump administration officials violating the Hatch Act,” the report said in its executive summary.Noah Bookbinder, the president of Citizens for Responsibility & Ethics in Washington, which filed complaints about the actions of Trump administration officials, on Tuesday praised the report from the Office of Special Counsel.“This report confirms that there was nothing less than a systematic co-opting of the powers of the federal government to keep Donald Trump in office,” Mr. Bookbinder said in a statement. “Senior Trump administration officials showed an open contempt for the law meant to protect the American people from the use of taxpayer resources and government power for partisan politics.”Mr. Bookbinder called on Congress to toughen the laws prohibiting political activity by federal employees.The Office of Special Counsel report notes that none of the people named will face any punishment for their violations because it is up to the incumbent president to discipline his top employees.“President Trump not only failed to do so, but he publicly defended an employee OSC found to have repeatedly violated the Hatch Act,” the report said. “This failure to impose discipline created the conditions for what appeared to be a taxpayer-funded campaign apparatus within the upper echelons of the executive branch.”Emails to several representatives of Mr. Trump were not answered. More

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      Lynne Patton Fined and Barred From Government Over RNC Video

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      Lynne Patton recruited and interviewed public housing tenants in New York City for a pro-Trump re-election video. The residents accused her of tricking them into participating.The video aired on the final night of the Republican National Convention in August, a two-minute clip featuring four New York City public housing tenants praising President Donald J. Trump’s record and bashing the city’s mayor.But within hours of the broadcast, three of the tenants said they were tricked into appearing in the video, did not support Mr. Trump and accused a top federal housing official, Lynne Patton, of orchestrating the production and misleading them about its intentions.While Ms. Patton had claimed the White House signed off on her involvement, a federal agency on Tuesday found that Ms. Patton had violated a federal law known as the Hatch Act that bars most federal employees from using their government position to engage in political activities.Ms. Patton admitted to the violation, the agency said, and agreed in a settlement to pay a $1,000 fine and not to serve in the federal government for at least four years. She left her job at the Department of Housing and Urban Development at the end of Mr. Trump’s term in January.“By using information and NYCHA connections available to her solely by virtue of her HUD position, Patton improperly harnessed the authority of her federal position to assist the Trump campaign,” the Office of Special Counsel, the agency that enforces the Hatch Act, said in a statement. NYCHA, or the New York City Housing Authority, oversees the public housing system.In her three years as the top regional administrator over federal housing in New York and New Jersey, Ms. Patton said she helped improve New York’s troubled public housing system. But Ms. Patton had also carved out a role as a Trump cheerleader who often mixed politics and governance.She was among a number of midlevel political appointees in the Trump administration who had little if any experience in their fields and who used their positions to promote the president and his views, often amplifying falsehoods and other misinformation. On Tuesday, Ms. Patton, who was a personal assistant to the Trump family before working for the federal government, said in an email that she did not regret having created the video.“Unfortunately, after consulting multiple Hatch Act lawyers post-employment, receiving incorrect and/or incomplete legal advice, even in good faith, from your own agency does not an affirmative defense make,” Ms. Patton wrote.In the email, Ms. Patton falsely claimed that the tenants had recanted their allegations against her and had acknowledged that they knew how the video would be used. She interviewed them over four hours in a New York City Housing Authority building last summer with a video crew.Claudia Perez, one of the four tenants who appeared in the video, on Tuesday reiterated her assertion that Ms. Patton had deceived the group into believing the interview would be used to highlight chronic problems at the housing authority. Ms. Perez, who said she voted for President Biden in the November election, said she would not have participated in a pro-Trump video.“She just wants attention, and I’m not going to give it to her,” Ms. Perez said in response to Ms. Patton’s remarks on Tuesday, adding that she deserved more severe punishment. “I don’t think it was stern enough.”After the video was broadcast, several federal watchdog groups, including the Campaign for Accountability, filed complaints with the Office of Special Counsel urging an investigation into Ms. Patton’s role in the production of the clip.In a statement, Michelle Kuppersmith, the executive director of the Campaign for Accountability, described Ms. Patton as a repeat offender of the Hatch Act. Ms. Kuppersmith said she was pleased that the special counsel had followed up on the complaint.“Laws like the Hatch Act exist for a reason and we hope this sends a message to other officials that violating the law has consequences,” she said.The video was not the first time that Ms. Patton was found to have run afoul of the Hatch Act. In 2019, the Office of Special Counsel determined that she violated the law when she displayed a Trump campaign hat in her New York office and for “liking” political tweets.While Ms. Patton worked for the federal government she also pursued a role in a proposed reality TV show featuring two other prominent Trump supporters, Candace Owens and Katrina Pierson. Ms. Patton claimed that a production company had wanted her to appear on a reality show for several years.To avoid a possible Hatch Act violation, she offered to temporarily resign or take an unpaid absence from HUD so she could film the series, according to records obtained by the American Oversight, a liberal watchdog group. The show, which she told HUD could include scenes from Trump campaign events, never materialized.At the time of the convention video, Ms. Patton was the HUD administrator for the New York region and had some oversight of the city’s public housing agency. She entered the orbit of the Trump family around 2009 after meeting Michael Cohen, the former lawyer for Mr. Trump, who connected her with Eric Trump, one of the former president’s sons. Ms. Patton first joined HUD as an assistant under Ben Carson, then the department secretary, and then relocated to its regional office in Lower Manhattan. Ms. Patton said she had produced tangible results, including spurring the city’s housing authority, long plagued by mismanagement and substandard conditions, to hire companies to help clean its 326 developments.In the final months of the 2020 presidential campaign, Ms. Patton echoed some of Mr. Trump’s most outlandish falsehoods about the election and his opponent, Mr. Biden.In a Facebook post last July, Ms. Patton suggested that she had no interest in helping tackle the homelessness crisis in New York because its leaders opposed Mr. Trump. “EVERY Democratic run city deserves EVERYTHING coming to it,” she wrote. More