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Congressman Krishnamoorthi Calls On The Office Of Special Counsel To Investigate Potential Hatch Act Violation By Interior Secretary Bernhardt Through Promoting Campaign-Style Video of President Trump

October 30, 2020
Press Release

SCHAUMBURG, IL – Today, Congressman Raja Krishnamoorthi sent a letter to The Office of Special Counsel requesting that it investigate a potential Hatch Act violation by Interior Secretary David Bernhardt as a result of a Twitter video posted from his official account on October 27, 2020.

The campaign-style video posted by Secretary Bernhardt on his official Twitter account, only one week before the election, promoted the claimed accomplishments of President Trump on environmental conservation and featured a speech by President Trump. In his letter to the Special Counsel’s office, Congressman Krishnamoorthi expressed his concern that this video was created by the Interior Department “presumably using taxpayer funds” and that it framed Interior Department activities “as achievements of President Trump’s first term in office in the same manner as a campaign advertisement.”

Under the Hatch Act, any executive branch employee is explicitly barred from “us[ing] his official authority or influence for the purpose of interfering with or affecting the result of an election.” Activities covered by this prohibition include the official “[u]sing his or her official title while participating in political activity.” The Twitter post in question especially warrants an investigation into a Hatch Act violation given its timing in relation to the November election.

“The Hatch Act explicitly prohibits federal employees from participating in partisan political activity in an official capacity, barring them from engaging in any activity directed toward the success or failure of any political party or candidate,” Congressman Krishnamoorthi said. “The video posted by Department of the Interior Secretary David Bernhardt, which applauds President Trump exactly seven days before the general election, appears to have violated the Hatch Act, and OSC should immediately commence an investigation and take appropriate disciplinary action against those involved and responsible.”

Congressman Krishnamoorthi requested an update on the Special Counsel’s actions to investigate this potential Hatch Act violation by November 11th.

A copy of the letter is available here.