The head of the Office of Special Counsel announces an enforcement update for White House officials.
While the Hatch Act is broad on paper, a loophole has emerged in practice: senior White House personnel aren’t being subjected to the law’s full enforcement. | Francis Chung/POLITICODellinger began his tenure as head of the U.S. Office of Special Counsel, an independent federal agency, in March 2024 after confirmation by the U.S. Senate. Prior to heading OSC, Dellinger was an assistant attorney general overseeing the Justice Department’s Office of Legal Policy.
But, in the past, OSC has declined to bring MSPB cases against White House officials. Instead, OSC has left the question of whether punishment should be imposed to the sole discretion of the president. This distinction creates separate and not automatically equal systems of accountability for violators, one where an independent adjudicator can impose sanctions and another where it is left to the president to dole out — or not — any consequences.
A key part of OSC’s prior explanation for exempting White House personnel from full Hatch Act enforcement was the lack of a quorum at the MSPB. Thankfully, the BoardAnd while I have great respect for the Department of Justice’s Office of Legal Counsel, I do not believe that a 1978 DOJ opinion assessing draft legislation should be considered sufficient support for OSC to unequivocally exempt White House staff from the same Hatch Act enforcement regime other federal workers face.
Second, the wearing or displaying of items in the workplace related to current political figures should be considered contrary to the Hatch Act regardless of whether it is before or after Election Day. Among the reasons for a blanket prohibition on such items while federal workers are on duty or in their office is the clear connection between political candidates and political parties. OSC has long advised that political party swag is banned year-round.
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