The Hatch Act is a law designed to prevent federal employees from getting involved in politics while on the job. The idea is that the bureaucrats who make up Washington, DC are supposed to work for the people, not for one party or the other. This can get a bit tricky when it comes to positions like the White House spokesperson. Karine Jean-Pierre is also supposed to carry out her duties in a non-partisan way and is not allowed to campaign from the White House podium even though she’s speaking for a President who is the leader of a specific party.

This summer the US Office of Special Council put out an “advisory opinion” about the use of specific partisan language by the White House spokesperson.

Currently at issue are three campaign slogans – “Build Back Better,” “Finish the Job,” and “Make America Great Again” or “MAGA.” These slogans are associated with two current candidates in the 2024 presidential election, the first two with President Joseph Biden and the third one with former President, and current presidential candidate, Donald Trump. “Build Back Better” is also associated with some official Biden Administration policy initiatives and programs. Thus, OSC is issuing this advisory opinion to address the extent to which the Hatch Act prohibits the use of campaign slogans in an employee’s official capacity and to clarify the limited circumstances in which the use of “Build Back Better” would be permissible.

When it came to the use of “MAGA” the OSC’s position was very clear.

Some people have argued that MAGA’s meaning has expanded beyond former President Trump’s campaign slogan and now represents a broader political ideology, such that its use does not constitute political activity unless paired with express advocacy for a candidate or political party. That is not OSC’s position. MAGA remains the campaign slogan of a current candidate for partisan political office, and therefore, its use constitutes political activity. This is true regardless of whether the slogan is used positively or negatively to describe—e.g., MAGA officials, MAGA Republicans, MAGA policies, or MAGA Members of Congress. Accordingly, federal employees should not use “MAGA” or “Make America Great Again” while on duty, in the workplace, or when acting in their official capacity, including communicating through social media, email, or on government websites.

On the same day the OSC also replied to a complaint about the apparent violations concluding that KJP had in fact violated the Hatch Act.

Your complaint alleged that Ms. Jean‐ierre used the phrase “mega MAGA Republican[s]” as part of “an inappropriate attempt to influence the vote.”  In investigating the allegation, OSC discovered that Ms. Jean‐Pierre used the phrase “MAGA Republicans” repeatedly during official press briefings prior to the November 2022 midterm election.  Although Ms. Jean‐Pierre never expressly instructed viewers to vote for or against Republican candidates for elected office, OSC concluded that the timing, frequency, and content of Ms. Jean‐Pierre’s references to “MAGA Republicans” established that she made those references to generate opposition to Republican candidates.  Accordingly, making the references constituted political activity.

Because Ms. Jean‐Pierre made the statements while acting in her official capacity, she violated the Hatch Act prohibition against using her official authority or influence for the purpose of interfering with or affecting the result of an election.  Although we have concluded that Ms. Jean‐Pierre violated the Hatch Act, we have decided to close this matter without further action.

So the White House counsel’s office argued she didn’t know better and got her a reprieve. But even after this pointed warning was issued by the OSC, Karine Jean-Pierre and deputy press secretary Andrew Bates continued to violate the Hatch Act. Despite this, the OSC has once again declined not to take any disciplinary action.

A week after NBC News published the OSC’s warning to Jean-Pierre in June, she issued a statement criticizing Republicans’ “hardcore MAGA” budget, while Bates, in a memo, went after “MAGA tax welfare.”

While Jean-Pierre and Bates acted “contrary” to the OSC’s warning and guidance, the office decided against any disciplinary action, Hatch Act Unit Chief Ana Galindo‐Marrone said in a letter sent in October. Galindo‐Marrone said Jean-Pierre and Bates had not appeared to use “MAGA” in an official capacity since their June infractions but that the OSC would keep watch for future violations…

Asked whether Jean-Pierre and Bates had “violated” the Hatch Act, as the OSC assessed in their June 7 letter, when the spokespeople used MAGA in official communications again on June 14, Galindo‐Marrone did not respond.

So KJP and her deputy both violated the act after the warning not to do it again and not only won’t their be any disciplinary action, the woman running the office that handles this for OSC won’t even criticize their behavior out loud. This is how rules are usually applied to Democrats.

Michael Chamberlain, a former Trump administration official who now runs a conservative watchdog group called Protect the Public’s Trust, said the OSC’s failure to enforce the Hatch Act after Jean-Pierre and Bates “doubled down” on political speech shows the law to be toothless against those who violate it when they serve at high levels of government.

“Apparently, nobody takes the Hatch Act very seriously, at least nobody that matters. Ms. Jean-Pierre cites it frequently to avoid tough questions, but when she and her deputy received the initial warning from OSC, they doubled down,” Chamberlain said. “They probably guessed there would be no consequences, and the OSC appears to have proven them correct.”

As the Washington Free Beacon pointed out back in June, how seriously Washington takes the Hatch Act seems entirely dependent on who is said to be violating it. Maybe if KJP willingly violates it a few more times the OSC will finally enforce it.