Watchdog says emails show Biden DOT officials used campaign slogans, may have violated the Hatch Act

Internal Transportation Department memos show senior Biden administration officials may have violated the Hatch Act by using campaign slogans in official communications, an independent watchdog said in a complaint filed on Thursday. 

The communications – which were obtained by independent watchdog Protect the Public’s Trust – came from three Biden DOT officials – assistant administrator for Communications Matt Lehner, press secretary Kerry Arndt and assistant to the Secretary and Director of Public Affairs Dani Simons. 

The watchdog group detailed its concerns that the communications violated the Hatch Act in a letter delivered to the U.S. Office of Special Counsel, the White House, and the Inspector General on Thursday. 

In the emails, the officials used the phrases “Extreme MAGA Republicans” or “Finish the Job” in official messages to both department Secretary Pete Buttigieg and political appointees in the department in likely violation of the Hatch Act. The act, implemented in 1939, prevents federal employees from engaging in political activities, such as fundraising and campaigning, while on duty.  

“The Office of Special Counsel's direction to all federal government agencies not to use the term 'MAGA' in official communications could not have been clearer. But in the Biden administration, the Hatch Act appeared to be only a suggestion, not a law,” Michael Chamberlain, director of Protect the Public’s Trust, told Just the News in a statement. 

Some of the materials also appear to have originated from the White House. 

“The White House seems to have ignored OSC's mandate and advised the DOT (and perhaps many other agencies) to use that forbidden political language in a derogatory fashion in the run-up to the 2024 elections. Dutifully, DOT sent the standardized messaging to all of its political appointees. From both press secretaries to the chief of staff to numerous agency leaders and on down, contempt for the Hatch Act has permeated the federal government during the self-proclaimed most ethical administration in history,” Chamberlain said. 

In the wake of Republican Donald Trump’s announcement in November 2022 that he would once again seek in the presidency, the U.S. Office of Special Counsel issued guidance advising federal employees to avoid using campaign slogans such as “Make America Great Again” while on duty. 

“This prohibition is broad and encompasses more than displays or communications (including in-person and via email or social media) that expressly advocate for or against former President Trump’s election,” the office wrote in the notice. 

According to Protect the Public’s Trust’s letter, obtained by Just the News, a March 2023 email shows political appointees Lehner and Arndt advised Buttigieg to describe the sponsors of legislation as “Extreme MAGA Republicans in Congress.” Those same remarks include a reference to President Biden’s campaign slogan, “We have to finish the job.”

You can read PPT’s letter below: 

In another email, written that same month and sent to all DOT political appointees, Simons forwarded a set of materials that appear to have originated in the White House consisting of messaging guidance and props for the administration’s “Investing in America” push. The “Key Message Points on Investing in America” section includes, once again, the “extreme MAGA Republicans in Congress.” 

“Moreover, it appears that Ms. Simons was forwarding materials to DOT political appointees violative of the Hatch Act that she had received from the White House,” PPT Director Chamberlain wrote. 

“This is indicated by the fact that the attachments to her email were designated as being from the ‘WH' and that the attachments included “IIA Event in a Box” pdf that provided standardized signage, other written materials, and messaging for events that could be used by ANY agency,” he continued. 

Other senior Biden administration officials were previously found to have violated the Hatch Act. For example, the OSC found press secretary Karine Jean-Pierre violated the act when she failed to adhere to the same guidance to avoid using “MAGA” to describe Republicans. The office decided not to impose any disciplinary action, NBC News reported.