FEMA employee violated Hatch Act with directive to skip homes with Trump signs, OSC says

The Office of the Special Counsel has found a Federal Emergency Management Agency (FEMA) employee’s directive to avoid houses with Trump campaign signs during Hurricane Milton violated Hatch Act prohibitions on electioneering.

The complaint with the U.S. Merit Systems Protection Board recommends disciplinary action against Marn’i Washington, who has already been fired from FEMA.

The complaint details how Washington told members of her FEMA crew to avoid approaching homes that had Trump signs during October response and recovery efforts.

“By directing political activity at her subordinates, Washington used her official authority or influence for the purpose of interfering with or affecting the result of an election,” the Office of the Special Counsel (OSC) wrote.

While the complaint said there were no reports from Washington’s crew about public safety concerns, her internal guidance shared in the report shows she appeared to have safety in mind, telling colleagues to “practice de-escalation and preventative measures.”

FEMA employees were facing a swirl of disinformation about the agency, including conspiracy theories that disaster funds were being redirected to migrants, and Rep. Marjorie Taylor Greene (R-Ga.) seeming to suggest the government was able to control the weather.

Washington has defended her decisions in interviews.

“I did not act on my own volition. Everything we did was out of the focus of safety and making sure our team felt comfortable,” Washington told CNN’s Laura Coates. “I don’t create policy. FEMA does. I just implement it in the field.”

Then-FEMA Administrator Deanne Criswell testified before the House Oversight and Accountability Committee about the episode last November, shortly after the presidential election. Criswell has denied Washington was enacting any wider policy within FEMA or the Department of Homeland Security and said the agency would investigate the incident. 

Questioning at the hearing fell largely along partisan lines, with Trump allies such as Reps. Jim Jordan (R-Ohio) and Byron Donalds (R-Fla.) demanding answers on Washington’s claims about FEMA policies, while Democratic members including Rep. Maxwell Frost (Fla.) expressed concerns about the spread of misinformation around federal disaster relief efforts.

But Washington argued FEMA was denying the conditions experienced by workers.

“It would be nice if Ms. Criswell would be human and come to terms with the fact that FEMA has not addressed the safety concerns that the crew leads and the specialists experience out in the Field,” Washington said. “There are plenty of reports that discuss hostile encounters, is how FEMA describes it, and our method is avoidance. I don’t understand why we’re hiding that from the American people.”

Democratic members of the Oversight Committee pointed to those same fears during the Criswell hearing, particularly in light of the misinformation concerns and threats against FEMA personnel.

Both President Trump and Homeland Security Secretary Kristi Noem have signaled support for the outright abolition of FEMA and the outsourcing of its mission to state entities. 

The Hill has reached out to FEMA for comment. 

The announcement was the first action taken since special counsel Hampton Dellinger was fired from his post — only to be temporarily reinstated by a court while litigation continues.

Dellinger revealed in a lawsuit Monday that he was fired by the Trump administration Friday.

The OSC investigates Hatch Act violations as well as whistleblower complaints, including protecting those who report from reprisal within their agency.

A federal judge temporarily restored Delligner to his post through Thursday.

Dellinger, a nominee of former President Biden, said his firing violates his appointment to a five-year term in the office.

“The recent spate of terminations of protected civil service employees under the new presidential administration has created controversies, both about the lawfulness of these actions and about potential retaliation against whistleblowers. The OSC is statutorily tasked with receiving such reports, investigating them, and taking appropriate action,” his suit says.