White House being used for Republican National Convention raises Hatch Act concerns; What is it?

This week’s Republican National Convention is drawing attention to the Hatch Act of 1939, an ethics law that puts restrictions on the political activity of federal employees, diplomats and other political appointees in the US.

President Donald Trump has held many events at the White House including a highly unusual naturalisation ceremony and First Lady Melania Trump’s speech on Day 2 of the RNC among others.

Furthermore, Secretary of State Mike Pompeo spoke at the RNC through a pre-recorded video from Jerusalem with a backdrop of the old city, which is known to appeal to evangelical voters.

The United States Office of Special Counsel issued an advisory opinion in early August saying that President Trump could deliver political speeches from the White House but there would be restrictions on the White House personnel and officials speaking.

What is the Hatch Act, 1939?

The Hatch Act is also known as “An Act to Prevent Pernicious Political Activities,” that was passed in 1939 based on concerns raised by Republicans and some Democrats over President Franklin Delano Roosevelt using administrators of the New Deal program and employees of the White House helping the Democratic Party’s political fortunes.

The law disallows all executive branch appointees from engaging in partisan political activities whilst on duty and prohibits the use of federal government facilities for political purposes.

The law, however, allows almost federal employees to participate in partisan politics when off duty but there are restrictions placed on engagement by national security staff, law-enforcement personnel, the staff of FBI, CIA and other investigative agencies even when they are off-duty.

The President and Vice-President are exempt from the law though considering that those roles are full-time. The act is enforced by the US Office of Special Counsel which is an independent federal agency that was created in 1979 to investigate potential Hatch Act violations.

The penalties for violating the Hatch Act can be severe and in some cases, career-ending. Federal employees who violate the Hatch Act could lose their jobs, be suspended, demoted, disbarred from federal service, or fined up to $1,000.

The Democratic chairman of the House of Representatives Foreign Affairs Committee's oversight subcommittee announced an investigation into whether Pompeo's appearance breached regulations or the 1939 Hatch Act, which limits political activities by federal employees.

White House Chief of Staff Mark Meadows told Politico in a video interview on Wednesday that Pompeo was speaking in a personal capacity and used no federal assets in delivering the speech.

Tuesday night's convention program also included a citizenship naturalisation ceremony at the White House, overseen by the acting secretary of homeland security, and a presidential pardon, raising concerns the apparatus of the federal government was being harnessed for Trump's re-election campaign.

(With agency inputs)