White House press secretary Karine Jean-Pierre violated a longstanding election law before last year’s midterm elections, a Justice Department leader told NBC News.
Ana Galindo‐Marrone leads the Hatch Act division at the Justice Department’s Office of the Special Counsel, and she characterized one of Jean-Pierre’s official statements as a violation of the Hatch Act.
“Because Ms. Jean‐Pierre made the statements while acting in her official capacity, she violated the Hatch Act prohibition against using her official authority or influence for the purpose of interfering with or affecting the result of an election,” Galindo‐Marrone told NBC News in a letter Wednesday.
Last year, Jean-Pierre said at a press conference six days before the election, “Unfortunately, we have seen mega MAGA Republican officials who don’t believe in the rule of law. They refuse to accept the results of free and fair elections, and they fan the flames of political violence through what they praise and what they refuse to condemn.”
She didn’t stop there.
“The President has long talked about our nation being at an inflection point. He has been clear: Democracy is under assault, and we cannot pretend otherwise,” Jean-Pierre continued. “The President will continue to call attention to the threat to democratic integrity and to public safety posed by those who deny the documented truth about election results and those who seek to undermine public faith in our system of government.”
The Hatch Act was first passed in 1939, and it bars some federal officials from campaigning while on the job.
More specifically, the law limits how a federal employee can “use his official authority or influence for the purpose of interfering with or affecting the result of an election.”
After Jean-Pierre’s remarks, Justice Department received a formal complaint from Protect the Public’s Trust, a conservative watchdog group.
The group called Jean-Pierre’s remark “an inappropriate attempt to influence the vote.”
“(Ms. Jean-Pierre) made comments disparaging President Biden’s political opponents as ‘mega MAGA Republican officials who don’t believe in the rule of law,’ among other derogatory statements. Ms. Jean-Pierre made these statements during an official press briefing, in her role as Press Secretary, from her podium,” the group complained on Nov. 3. “While the President is not subject to the Hatch Act, Karine Jean-Pierre is and must be held accountable.”
Sure enough, the Justice Department agreed Wednesday. The agency reserves the right to punish Hatch Act violators with “removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000.”
However, the Justice Department decided to give Jean-Pierre a warning. Galindo-Marrone said that the White House “did not at the time believe that Ms. Jean‐Pierre’s remarks were prohibited.”
“[I]t is unclear whether OSC’s contrary analysis regarding the use of ‘MAGA Republicans’ was ever conveyed to Ms. Jean‐Pierre,” Galindo‐Marrone continued. “We have decided not to pursue disciplinary action and have instead issued Ms. Jean‐Pierre a warning letter.”
White House spokesperson Andrew Bates told NBC News, “As has been made clear throughout the administration, we take the law seriously and uphold the Hatch Act. We are reviewing this opinion.”
Take a look at Jean-Pierre’s words —
Jean-Pierre: "Democracy is under assault and we cannot pretend otherwise… Mega MAGA Republicans do not believe in the rule of law. They refuse to accept the results of elections and they fan the flames of political violence." pic.twitter.com/24LwmJnGdv
— Greg Price (@greg_price11) November 2, 2022
The Horn editorial team