A federal ethics agency has determined that Kellyanne Conway broke the law twice last year while advocating for the election of Republican Roy Moore in the U.S. Senate race in Alabama.
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The Office of Special Counsel found that Conway violated the Hatch Act while giving live television interviews from the White House lawn, NPR reports.
The OSCโnot to be confused with the team of Justice Department special counsel Robert Muellerโis an independent federal ethics investigative and prosecutorial agency.
The Hatch Act is a federal law passed in 1939 that essentially prohibits federal employees from practicing partisan politics while on the job.
The OSC says that during two separate television interviews last yearโone with Fox News and one with CNNโConway discussed the Alabama Senate race while standing in front of the White House and using her official title of โcounselor to the presidentโ while repeatedly attacking Mooreโs opponent, Democrat Doug Jones.
Then, in a Nov. 20 appearance on Fox & Friends, Conway said, โDoug Jones in Alabama, folks, donโt be fooled. He will be a vote against tax cuts. He is weak on crime. Weak on borders. Heโs strong on raising your taxes. He is terrible for property owners.โ
OSCโs report (pdf) reads in part:
While the Hatch Act allows federal employees to express their views about candidates and political issues as private citizens, it restricts employees from using their official government positions for partisan political purposes, including by trying to influence partisan elections.
Ms. Conwayโs statements during the Fox & Friends and [CNNโs] New Day interviews impermissibly mixed official government business with political views about candidates in the Alabama special election for U.S. Senate.
According to the OSC, Conway never responded to its inquiries. Because Conway is a high-ranking presidential appointee, the report has been submitted to the president for โappropriate disciplinary actionโ because only Donald Trump can decide what actionโif anyโis appropriate.
Of course, the White House has already pushed back on the report, according to NPR. Its argument is that Conway argued neither for nor against any candidate in the Alabama Senate race.
Deputy press secretary Hogan Gridley said in a statement: โShe simply expressed the presidentโs obvious position that he have people in the House and Senate who support his agenda. In fact, Kellyanneโs statements actually show her intention and desire to comply with the Hatch Actโas she twice declined to respond to the hostโs specific invitation to encourage Alabamans to vote for the Republican.โ
This is not the first time Conway has been called out for an ethics violation. During a February 2017 interview, she endorsed the fashion line of the presidentโs daughter Ivanka Trump. The president did not discipline Conway in that instance, drawing the ire of then-OSC head Walter Shaub.
Weโll have to wait and see if Donald Trump takes any action this time.
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