The Hack Act

Politics

(a)  An employee may not engage in political activity—

(1)  while the employee is on duty;
(2)  in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof;
(3)  while wearing a uniform or official insignia identifying the office or position of the employee; or
(4)  using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof.

(b)

(1)  An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.

(2)  Paragraph (1) applies to an employee—

(A)  the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and

(B)  who is—

(i) an employee paid from an appropriation for the Executive Office of the President; or
(ii )an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

~5 U.S. Code § 7324

Trump's Media Attacks Are Always Shameful. But in the Middle of ...Perhaps you are more familiar with the above citation as the Hatch Act of 1939 which restricts political activities by federal employees and state or local officials associated with programs paid with federal funds.  And if you read the text you have to ask, “How on earth could Donald Trump’s infamous March 6, 2020 field trip to the Center for Disease Control in Atlanta (between golf outings at Mar-a-Lago) not violate the law?”  Let’s examine this occasion, provision by provision.

  • Trump was on duty. CHECK
  • He was at the CDC, an agency of the United States government.  CHECK
  • He was wearing a jacket with the presidential seal.  CHECK
  • He was transported in government vehicles.  CHECK

And yet he engaged in political activity by wearing a baseball cap embroidered with his 2020 presidential campaign slogan, “Keep America Great.”

For the record, federal officials covered under the act are allowed under subsection (B) to participate in political activities outside of their normal duties and responsibilities “if the costs associated with that political are not paid for by money derived from the Treasury of the United States.”  For example, both the Democratic and Republican National Committees provide space in their D.C. headquarters for members of Congress to make fundraising phone calls, since use of their Congressional offices would violate the prohibition on the use of public monies.  However, in the case of the visit to the CDC, Trump was within his normal duties and the costs were covered by Treasury.

What is the penalty for violations of the Hatch Act?  According to §7326 of the code, “An employee or individual who violates section 7323 or 7324 of this title shall be removed from his position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual.”  Of course, prosecutions of the law are the responsibility of the attorney general and his Department of Justice.  (You can stop laughing now.)

But for once, Bill Barr is blameless.  §7322. DEFINITIONS states, “For purposes of this subchapter–(1) ’employee’ means any individual, other than the President and Vice President.”  Remember all the senators and representations, during the impeachment process, who claimed no one, even the president of the United States, is above the law (though some actually meant it).  Well, if you REALLY want everyone, including the president to be treated equally, it just might help if you made them SUBJECT to the law.  Congress, are you listening?

For what it’s worth.
Dr. ESP