WH Press Secretary in Hot Seat Over 'Mega MAGA' Remark, But No Penalties Imposed

The Hatch Act, a law that limits the political activities of federal employees, is a remarkable instrument for ensuring government neutrality. The recent incident involving White House press secretary Karine Jean-Pierre exemplifies the act's importance and application.

Ms. Jean-Pierre was found in violation of the Hatch Act for using the term "mega MAGA Republicans" during official press briefings. The Office of Special Counsel, which oversees the act's enforcement, deemed this a violation since federal employees are barred from promoting partisan politics in their official capacity.

Using the term "MAGA Republicans" in official briefings, Ms. Jean-Pierre violated the Hatch Act. In a reply to a complaint filed by Michael Chamberlain, director of Protect Public Trust, "OSC discovered that Ms. Jean‐Pierre used the phrase “MAGA Republicans” repeatedly during official press briefings prior to the November 2022 midterm election [...]. 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," Ana Galindo-Marrone, chief, Hatch Act Unit, US Office of Special Counsel

However, the US Office of Special Counsel didn't recommend any disciplinary action and wouldn't press further action on the matter; rather, it advised Ms. Jean-Pierre to desist from using such terms.

"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."

Ana Galindo-Marrone,

Chief, Hatch Act Unit, US Office of Special Counsel

Interestingly, during a press briefing on December 13, 2022, Ms. Jean-Pierre was questioned about campaign donations received by President Joe Biden and certain high-ranking Democrats from the former founder of FTX, and whether they would be returned. In response, Ms. Jean-Pierre cited the Hatch Act as a reason for not providing specific answers. “So, look, I am covered here by the Hatch Act. I’m limited on what I can say. And anything that’s connected to political contributions from here, I would have to refer you to the DNC.”

Also, in another press briefing at the White House on October 17, 2022, Ms. Jean-Pierre was asked why President Biden hasn't appeared in political rallies to support party candidates. In response, Ms. Jean-Pierre referenced the Hatch Act, "So I have to be careful because I can’t — we do — we do respect the Hatch Act and — and our strict limits from here. So, I want to be very, very clear — careful."

This incident draws attention to the essence of continuing application of the Hatch Act in US politics. It also justifies the need of establishing straightforward guidelines and adequate training for federal employees to avert potential infractions and ensure sustaining impartiality within governmental positions.