If one good thing comes out from the debacle of the Trump presidency it will be that it has demonstrated how fragile our democracy is and how weak some of our laws are.
By Editorial Board
Yesterday at 3:19 p.m. EST
A federal investigation has now confirmed what the whole country saw for itself: President Donald Trump’s tenure was a parade of violations of the Hatch Act, the law that prohibits mixing governing with campaigning. The report is damning, not only of the previous administration but also of today’s toothless enforcement regime.
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The Office of Special Counsel (OSC) recounts over the course of 60 pages events that many already read about when they occurred. At least 13 senior officials exploited their roles and resources to boost their boss’s chances in the 2020 election, including in the days before the contest — creating “the conditions for what appeared to be a taxpayer-funded campaign apparatus within the upper echelons of the executive branch.” Secretary of State Mike Pompeo delivered a speech praising the president’s foreign policy from the roof of a hotel in Jerusalem during the Republican National Convention; acting homeland security secretary Chad Wolf conducted a naturalization ceremony from the White House grounds, also as part of the convention; Kellyanne Conway repeatedly appeared on television in her capacity as a White House counselor to disparage candidates from the opposing party.
These are only a few abuses and a few abusers among many. The law in question may seem esoteric, or even confusing: Where exactly is the line between the personal and the professional, or the professional and the political, for prominent public figures? Yet little about this case is in the eye of the beholder. These violations were flagrant and willful, occurring even after warnings from ethics attorneys. Ms. Conway, when asked about her transgressions in 2019, said, “Blah, blah blah.” These offenses persisted without punishment for four years, permitting those in power to manipulate the business of the state in an effort to maintain that power. The problem is, there is only one avenue for punishment of political appointees under the Hatch Act: The president of the United States must impose it. And, in this case, the president of the United States was condoning, and possibly directing, the misconduct.
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This week’s report is blistering, yet its material effect on the previous administration will be next to nil. An employee who has already left the job can’t be fired or demoted and, in any case, the OSC can only recommend such discipline. Whether to impose it is at the president’s discretion. This renders the Hatch Act practically useless for restraining those most in need of restraint. Congress can change that. The Protecting Our Democracy Act in the House of Representatives would empower the OSC to seek fines on political appointees whom presidents decline to discipline, much as it does regularly for rank-and-file civil servants. The bill would also ramp up the maximum penalty to $50,000. Members of the Senate rankled by the blatant undermining of nonpartisan government could independently draw up reforms, too. No White House should be able to “blah, blah, blah” away the consequences of breaking the law.
By Editorial Board
Yesterday at 3:19 p.m. EST
A federal investigation has now confirmed what the whole country saw for itself: President Donald Trump’s tenure was a parade of violations of the Hatch Act, the law that prohibits mixing governing with campaigning. The report is damning, not only of the previous administration but also of today’s toothless enforcement regime.
Opinions to start the day, in your inbox. Sign up.
The Office of Special Counsel (OSC) recounts over the course of 60 pages events that many already read about when they occurred. At least 13 senior officials exploited their roles and resources to boost their boss’s chances in the 2020 election, including in the days before the contest — creating “the conditions for what appeared to be a taxpayer-funded campaign apparatus within the upper echelons of the executive branch.” Secretary of State Mike Pompeo delivered a speech praising the president’s foreign policy from the roof of a hotel in Jerusalem during the Republican National Convention; acting homeland security secretary Chad Wolf conducted a naturalization ceremony from the White House grounds, also as part of the convention; Kellyanne Conway repeatedly appeared on television in her capacity as a White House counselor to disparage candidates from the opposing party.
These are only a few abuses and a few abusers among many. The law in question may seem esoteric, or even confusing: Where exactly is the line between the personal and the professional, or the professional and the political, for prominent public figures? Yet little about this case is in the eye of the beholder. These violations were flagrant and willful, occurring even after warnings from ethics attorneys. Ms. Conway, when asked about her transgressions in 2019, said, “Blah, blah blah.” These offenses persisted without punishment for four years, permitting those in power to manipulate the business of the state in an effort to maintain that power. The problem is, there is only one avenue for punishment of political appointees under the Hatch Act: The president of the United States must impose it. And, in this case, the president of the United States was condoning, and possibly directing, the misconduct.
ADVERTISING
This week’s report is blistering, yet its material effect on the previous administration will be next to nil. An employee who has already left the job can’t be fired or demoted and, in any case, the OSC can only recommend such discipline. Whether to impose it is at the president’s discretion. This renders the Hatch Act practically useless for restraining those most in need of restraint. Congress can change that. The Protecting Our Democracy Act in the House of Representatives would empower the OSC to seek fines on political appointees whom presidents decline to discipline, much as it does regularly for rank-and-file civil servants. The bill would also ramp up the maximum penalty to $50,000. Members of the Senate rankled by the blatant undermining of nonpartisan government could independently draw up reforms, too. No White House should be able to “blah, blah, blah” away the consequences of breaking the law.
