White House Press Secretary Karine Jean-Pierre violated the Hatch Act by repeatedly referring to GOP candidates in the 2022 midterm elections as “mega MAGA Republicans” during official press briefings last year, according to a government watchdog agency.
The federal law, which applies to employees within the Executive Office of the President, makes it illegal for federal employees to use official authority or influence to interfere with or affect the result of an election.
According to the Office of Special Counsel (OSC), the press secretary’s rhetoric was a violation of the 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,” the agency determined in a letter shared with NBC News on Wednesday.
The outlet reported that Protect the Public’s Trust, the watchdog group that filed a complaint against Jean-Pierre, alleged she used the phrase “mega MAGA Republicans” during a White House briefing on November 2 while making other derogatory comments about the Republican Party.
“Unfortunately, we have seen mega MAGA Republican officials who don’t believe in the rule of law,” Jean-Pierre said last year, according to the complaint. “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.”
“We ask the Office of Special Counsel to immediately investigate these allegations and prevent Ms. Jean-Pierre from engaging in any further activity to use her authority to influence the results of the election and to impose penalties as appropriate,” the group wrote. “There should not be a two-tiered system of government ethics that subjects prominent White House Officials to a lower standard of scrutiny than other average public servants.”
The group requested that Jean-Pierre face removal from office or a civil penalty fee. Although OSC officials said that her comments “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,” they “decided to close this matter without further action.”
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Ana Galindo‐Marrone, the chief of OSC’s Hatch Act unit, wrote in the letter last week that the White House counsel’s office “did not at the time believe that Ms. Jean‐Pierre’s remarks were prohibited.”
“We have decided not to pursue disciplinary action and have instead issued Ms. Jean‐Pierre a warning letter,” Galindo‐Marrone wrote. “[I]t is unclear whether OSC’s contrary analysis regarding the use of ‘MAGA Republicans’ was ever conveyed to Ms. Jean‐Pierre.”
White House spokesperson Andrew Bates told NBC News in a statement the executive office is reviewing the opinion.
“As has been made clear throughout the administration, we take the law seriously and uphold the Hatch Act.”
Former Trump administration official Michael Chamberlain, who is head of Protect the Public’s Trust, condemned the lack of disciplinary action for the violation.
“This episode illustrates exactly what people hate about Washington, D.C. and why they increasingly distrust the Biden Administration’s promises to be the most ethical in history,” Chamberlain said in a statement to NBC. “The Hatch Act was a law used to pillory previous administrations but officials now appear content to sweep it under the rug.”
Jean-Pierre’s violation comes just two months after OSC officials found Health and Human Services Secretary Xavier Becerra also violated the federal law when he conveyed his support for Democratic California Senator Alex Padilla’s re-election in 2022.
Last year, the OSC informed White House Chief of Staff Ron Klain that he violated the Hatch Act over a May Twitter post.
Energy Secretary Jennifer Granholm violated the Hatch Act over comments she made during an interview with Marie Claire magazine, where she promoted electoral success for the Democratic Party.
Officials let Granholm off with a warning, citing she had not received proper training about the law.
In 2021, former White House Press Secretary Jen Psaki also received a warning for advocating the election of then-Virginia Democratic gubernatorial candidate Terry McAuliffe.