As the Schumer Shutdown enters its 16th day, one might expect Democratic senators to focus on pressing matters such as Majority Leader John Thune's (R-SD) proposal to vote on Obamacare extensions in return for a vote to reopen the government.
However, it appears that their attention is elsewhere. They are currently expressing their displeasure over a new video by Department of Homeland Security (DHS) Secretary Kristi Noem, which holds them responsible for the government shutdown.
Several airports have already declined to broadcast the video, labeling it as "coercive." Yet, the continuous loop of CNN broadcasts in these same airports is not considered coercive.
According to RedState, the Democratic senators are planning to launch an investigation into Noem's decision to air these videos in American airports, claiming it violates the Hatch Act. They have enlisted the help of Senator Richard Blumenthal (D-CT), known as "Sen. Stolen Valor," to lead this charge.
Blumenthal has publicly demanded that Noem cease the distribution of her video message, which he claims falsely blames Democrats for the shutdown. He argues that the video violates the Hatch Act by making travelers a captive audience for partisan propaganda.
His sentiments are echoed by his colleagues who share his outrage.
The Democratic senators are accusing the Department of Homeland Security of potentially violating the Hatch Act by requesting airports nationwide to broadcast a video featuring DHS Secretary Kristi Noem, in which she blames Democrats for the consequences of the government shutdown.
Blumenthal, in a letter to DHS, cited a section from the Anti-Lobbying Act, stating, "This appears to be a flagrant violation of Sec. 715, which states 'No part of any funds appropriated in this or any other act shall be used by an agency of the executive to branch for the preparation, distribution or use of any film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.'"
The Hatch Act restricts certain political activities by federal employees and some state, Washington, D.C., and local government workers involved in federally funded programs. Violations of the Act can result in removal from federal employment, suspension without pay, demotion, or a ban from federal jobs for up to five years, as per the Office of Special Counsel.
The Democrats and their supporters are preoccupied with these allegations. They even want memes posted by the White House that mock the Democrats to be reported as Hatch Act violations.
The Hatch Act of 1939 is a federal law intended to limit the political activities of government employees. Its main objective is to ensure that the federal workforce operates in a nonpartisan manner, free from political influence or coercion. The law aims to prevent the use of official authority to affect election outcomes and to protect civil servants from pressure to support specific candidates or parties. This framework helps maintain a system where federal employment and advancement are based on merit rather than political affiliation.
The key words here are influence, coercion, and election outcomes. It is unclear how a video that rightly assigns blame and outlines the consequences of the shutdown can be considered a form of influence or coercion. The question remains: which election is Noem supposedly influencing? The invocation of the Hatch Act seems to have become a convenient tool used when elected officials act in a way that someone disagrees with, regardless of whether that official is a Democrat or a Republican.
The Hatch Act has limited enforcement power, which is why successive Congresses have attempted to strengthen its enforcement mechanisms. However, these efforts have largely been unsuccessful. Interestingly, there have been clear violations of the Hatch Act by Democrats. The Biden administration provides the most recent example.
Neera Tanden, a former advisor to Biden and one of the admitted autopen handlers, provides a clear example of what a Hatch Act violation looks like. In a complaint to the Merit Systems Protection Board filed on Wednesday, the OSC alleges that Tanden, Director of the United States Domestic Policy Council, violated the Hatch Act by posting statements on social media asking for donations to several different Democrat candidates in the 2024 general election, despite being warned against such posts.
The complaint alleges that Tanden repeatedly posted on social media asking people to donate to Vice President Kamala Harris and other Democrat candidates, even after the agency notified the White House last August that doing so was in violation of the Hatch Act.
Another Biden cabinet member, Health and Human Secretary Xavier Becerra, gave a speech in his official capacity as the HHS Secretary, and at the end of it, praised Senator Alex Padilla (D-CA) and encouraged voting for his reelection. This was a clearly biased political pitch.
Meanwhile, Senate Democrats continue their search for a crime they can attribute to the Trump administration. They have also requested DHS to provide information on the funding used to produce the video, including the cost, the approver of the funds, whether anyone from the Trump administration was consulted on the video, and if any outside contractors or organizations were involved in its creation.
This is to assess whether any federal laws were violated or funds misused, according to the letter.
However, it is expected that this will lead nowhere. The focus on the Hatch Act and the video seems to be a diversion from the real issues at hand, such as the ongoing government shutdown and the potential vote on Obamacare extensions. It remains to be seen how this situation will unfold and whether the Democrats' allegations will hold any weight.
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