White House press secretary violated Hatch Act: watchdog

A watchdog agency has informed the White House that press secretary Karine Jean-Pierre violated the Hatch Act through her usage of the term “mega MAGA Republicans” in the lead up to the 2022 midterm elections.

The Office of Special Counsel (OSC) detailed in a report that Jean-Pierre used the term during the daily press briefings. The agency sent her a warning letter, deciding not to pursue disciplinary action.

“As has been made clear throughout the administration, we take the law seriously and uphold the Hatch Act. We are reviewing this opinion,” White House spokesman Andrew Bates said in response to the warning.

The letter, which was sent from OSC Hatch Act Unit chief Ana Galindo‐Marrone on June 7, outlines that Jean‐Pierre “violated the Hatch Act when, during an official press briefing, she referred to ‘mega MAGA Republican officials who don’t believe in the rule of law’ and made ‘other derogatory statements’ about the Republican Party.”

“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,” the letter read.

Jean-Pierre on Tuesday noted that the comments she made were from months prior, during the midterm elections, and the White House was informed of the warning last week.

“We did not know their opinion when we were… given the green light to actually say those comments that I made,” she told reporters. “We got this letter last week and it was retroactive.”

When asked about her understanding of the Hatch Act, Jean-Pierre said the White House is “very careful to respect” the rule of law and not speak on election-related topics.

“At the time, I was given the sign off to use that terminology,” Jean-Pierre added, referring to the term “mega MAGA Republicans.”

Jean-Pierre often refers to the Hatch Act, which prohibits federal government employees from engaging in campaign activity in their official capacity, when she is questioned during the daily press briefings on an issue that may overlap with campaign issues. 

President Biden uses the term “mega MAGA Republicans” in speeches to refer to members of his opposing party that align with former President Trump. The Hatch Act does not apply to the president or vice president.

The Trump White House used the term for official purposes while in office, not always using it as a campaign term. The Trump White House website used the term “Make America Great Again” for official purposes over 1780 times, according to an archive of the website.

Additionally, the Trump administration was the subject of numerous Hatch Act complaints during its four years in power.

The OSC in April informed the White House that Health and Human Services Secretary Xavier Becerra violated the Hatch Act when he said at a Congressional Hispanic Caucus event he would vote for Sen. Alex Padilla (D-Calif.) in the midterm elections.

Former White House press secretary Jen Psaki, former chief of staff Ron Klain and Secretary of Housing and Urban Development Marcia Fudge all have also been warned for making comments about candidates or an election during Biden’s presidency.

— Updated at 2:24 p.m.