EXPLAINER: The Hatch Act called into question after RNC

What happened?

The 2020 Republican National Convention (RNC) began Aug. 24. The convention included speeches, many pre-recorded, from people expressing their support for President Donald Trump, from Nikki Haley, former ambassador to the United Nations, to his eldest son Donald Trump Jr. Secretary of State Mike Pompeo’s speech for the convention was taped from Jerusalem, where he was travelling on official business.

The four-day event had different themes for every day and included video segments such as a naturalization ceremony where Chad Wolf, secretary of Homeland Security, appeared; a pardon ceremony; a conversation between Trump and frontline workers; and a New York City Housing Authority video where tenants were interviewed by Lynne Patton, United States Department of Housing and Urban Development regional administrator in Region II.

Prior to the official start of the convention, Trump was formally selected as the Republican nominee. He formally accepted the nomination and delivered his speech at the Republican National Convention from the White House Aug. 27.

Reactions:

The four-day event caused backlash from people who were upset that President Trump used the White House to deliver his acceptance speech for the nomination. Additionally, many disagreed with federal officials making statements endorsing Trump while on duty. 

The backlash invoked many to bring up the Hatch Act of 1939 (Hatch Act) and question whether it had been broken. The House Committee on Oversight and Reform even requested an investigation into the matter. News stations also spoke about the possible violations.

Washington Post

What is the Hatch Act of 1939?

The Hatch Act is a federal law that prevents political activity from government workers while on official duty. The U.S. Office of Special Counsel’s (OSC) website states that the intentions of the law’s are to guarantee that government programs are managed in an unbiased fashion, ​​​protect federal workers from being influenced politically and to ensure that they are not advanced by political ties rather by skills, knowledge and abilities. United States Civil Service Commission v. National Association of Letter Carriers (1973) ruled the Hatch Act does not infringe upon government employees’ right to free speech.

The act was named after New Mexico Senator Carl Hatch. He sponsored the act after finding out government officials were using their official titles to support Democratic Party candidates in the 1938 elections.

Consequences for violating the Hatch Act are not criminal, but civil infractions and can include suspensions or terminations. The Hatch Act is enforced by the OSC, an independent federal agency meant to protect federal employees from forbidden practices in the workplace. The OSC website states that the president and vice president are excluded from the Hatch Act. 

 

Donald TrumpHatch ActlawpoliticsPresident Donald TrumpRepublican National ConventionRNCTrump administationWhite House
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