Biden press secretary won't be disciplined for violating Hatch Act with 'mega MAGA Republican' comments

White House press secretary Karine Jean-Pierre is getting criticism from conservative media for violating the Hatch Act by denouncing "mega MAGA Republicans" in the run up to the 2022 midterm elections.

The Office of Special Counsel (OSC) released a letter Monday that definitively concluded that Jean-Pierre chose her words in order "to generate opposition to Republican candidates," and were therefore illegal "political activity" given that she made the comments "while acting in her official capacity." Despite the violation, though, it does not appear that Jean-Pierre will face any direct consequences at this time.

OSC, an independent agency, investigated a November 2022 complaint against Jean-Pierre made by the group Protect the Public's Trust which called attention to remarks Jean-Pierre made during a press briefing a few days before the mid-term elections. The complaint, signed by PPT director Michael Chamberlain, alleged that during an official press briefing, Jean-Pierre "made comments disparaging President Biden's political opponents as 'mega MAGA Republican officials who don't believe in the rule of law,' among other derogatory statements."

Notably, Chamberlain himself could fairly be described as a "MAGA Republican official," having served in the Department of Education during the presidency of Donald Trump, who ran for office on the "Make American Great Again," or MAGA, slogan. His advocacy group was launched shortly after President Joe Biden took office in 2021; it was initially billed as a "nonpartisan" and "nonprofit" entity, although according to media reports, its not entirely clear that is the case.

Chamberlain also called attention to similar messaging from President Joe Biden later that day.

"As if to ensure Americans connected the dots, just hours later Ms. Jean-Pierre's boss issued a prime-time address warning the nation that 'democracy is under attack' and 'on the ballot,' while attacking 'MAGA Republicans,'" the complaint said. Chamberlain added that Jean-Pierre should have been well-versed in Hatch Act requirements given that "both her predecessor, Jen Psaki, and the White House Chief of Staff, Ron Klain, [were] found in violation of the Hatch Act," and noted that Jean-Pierre herself has even cited the Hatch Act as a reason to avoid responding to certain questions.

OSC investigated and determined that Chamberlain was right: the "mega MAGA Republican" language was indeed prohibited by federal law.

The federal Hatch Act prohibits the use of any official government authority to influence elections as follows:

"an employee may take an active part in political management or in political campaigns, except an employee may not—(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election;"

In a letter to Chamberlain  dated June 7, OSC's Hatch Act Unit Chief Ana Galindo‐Marrone concluded Jean-Pierre's comments were a violation. Galindo-Marrone noted, however, that Jean-Pierre may have been unaware that her language was problematic as there was a dispute over the significance of the term "MAGA Republicans" among White House lawyers themselves:

We note, in particular, that the White House Counsel's Office did not at the time believe that Ms. Jean‐Pierre's remarks were prohibited by the Hatch Act, and it is unclear whether OSC's contrary analysis regarding the use of "MAGA Republicans" was ever conveyed to Ms. Jean‐Pierre.

Galindo-Marrone warned that whatever the nature of the past remarks, Jean-Pierre has now been advised that if she engages in prohibited political activity in the future, "OSC would consider it a knowing and willful violation of the law that could result in OSC pursuing disciplinary action."

The OSC letter said that although Jean-Pierre used her role as press secretary "for the purpose of interfering with or affecting the result of an election" in violation of the federal Hatch Act, the OSC decided to close the matter without further action.

Members of the Trump administration — were consistently accused of violating the Hatch Act. In November 2021, the OSC issued a report finding that more than a dozen senior Trump officials violated the statute, including at the 2020 Republican National Convention. Top Trump advisors accused of violating the act include Trump's daughter Ivanka Trump, her husband Jared Kushner, former Trump counselor Kellyanne Conway, erstwhile White House press secretary Sarah Huckabee Sanders, one-time Secretary of State Mike Pompeo, advisor Peter Navarro — and even Trump himself.

Some members of the Trump administration were reportedly proud to have violated the law.

Prior to the Trump White House, former FBI director James Comey was accused of Hatch Act violations for holding a press conference shortly before the 2016 election in which he pronounced Hillary Clinton to be "extremely careless." Although the Hatch Act has long been a favorite talking point for political observers, the law has often been criticized for its impotence, with one prominent conservative commentator referring to the Hatch Act as "dog that will not hunt."

The Hatch Act is a 1939 civil — not criminal — statute that prohibits federal executive branch employees from engaging in political activity in their official capacity. It exempts both the president and the vice president.