One of the noteworthy governing concepts that emerged from the Trump White House was the realization that rules are often treated as mere suggestions. Violating them may result in some disapproval or court intervention, but in many cases, individuals can get away with it. Unfortunately, the Biden administration has not entirely distanced itself from this mindset.
An example of this dynamic is seen with the Hatch Act, which prohibits federal employees from participating in electoral politics in certain circumstances. Normally, if a federal employee violates the law, the Office of Special Counsel (OSC) can impose penalties. However, when White House officials break the law, the OSC can only recommend consequences to the president. The Trump administration openly disregarded the law and refused to follow OSC’s rulings. Now, the Biden administration seems to be following in their footsteps by ignoring an OSC opinion, even though it may seem frivolous.
This trend was set by Kellyanne Conway, a top adviser to Donald Trump, who repeatedly and boldly violated the Hatch Act by making comments explicitly aimed at promoting Trump and other Republicans’ campaigns. Despite OSC’s findings, Trump took no action, allowing Conway to continue her actions. OSC’s chief at the time, Henry Kerner, a Trump appointee, expressed his shock and stated that he was unaware of any other multiple offenders on that level. Conway remained unapologetic and even taunted, “Let me know when the jail sentence starts.”
Now, Joe Biden’s press operation appears to be adopting the same approach. Press Secretary Karine Jean-Pierre has used “MAGA” as a derogatory term, which prompted a complaint to OSC from Protect the Public’s Trust, a watchdog group run by a Trump appointee. The group wrote that Jean-Pierre’s comments seemed politically motivated, seeking the defeat of Republican opponents. In response, OSC confirmed that Jean-Pierre did violate the Hatch Act by using “MAGA Republicans” to generate opposition to Republican candidates. However, despite the violation, no disciplinary action was recommended as the White House Counsel’s Office deemed the reference acceptable. OSC also issued a memo stating that the use of “MAGA” constitutes political activity.
To many, OSC’s ruling may seem absurd. While “MAGA” started as a campaign slogan, it has since become a broader descriptor for a conservative movement. Government officials may have legitimate reasons to use the term outside of electoral purposes. Non-Trump candidates also refer to themselves as “MAGA,” and in casual conversations and news articles, the term serves as a simple shorthand for an ideology.
Studies have shown that voters easily understand labels like “MAGA” and recognize them as distinct identities. Therefore, the ruling appears impractical and inconvenient for the White House, which seeks to define itself against the MAGA movement. Consequently, the administration has chosen to disregard the ruling, continuing to use “MAGA” in its press releases.
Progressives sometimes criticize the Democratic Party for not engaging in “total politics” – pushing the boundaries of the law – as fervently as the Republican Party. In some instances, a more assertive approach may be warranted, but in this case, it is not. Democrats were critical of Conway’s disregard for the Hatch Act during the Trump administration, yet they have been relatively silent now that a Democratic president is in power. The Biden administration’s decision to ignore Hatch Act rulings sets a dangerous precedent. The proper functioning of government requires that the White House abide by OSC’s opinions, regardless of their perceived sensibility. Otherwise, an administration may arbitrarily decide which conclusions to agree with and follow, leading to a breakdown of lawfulness. This is precisely the kind of lawlessness that voters rejected in 2020. The Biden administration’s disregard inadvertently proves that Trump does not have exclusive control over MAGA tactics.
Denial of responsibility! VigourTimes is an automatic aggregator of Global media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, and all materials to their authors. For any complaint, please reach us at – [email protected]. We will take necessary action within 24 hours.
