Wednesday, August 5, 2020

When you're Trump, they let you do it


But, he has Article II of the Constitution, which says he can do whatever he wants, right?


What happens to the president and his administration if they engage in this kind of activity? There are some notable exceptions to the Hatch Act. Unless involving criminal activity, the president and vice president are technically exempt from these restrictions. The only instance in which the Hatch Act applies directly to the president – thanks to a 1993 amendment to the Act – is if they use their position to intimidate, threaten, or coerce a federal employee.

However, this doesn’t make the talk on Twitter irrelevant. “He may not be violating the Hatch Act, but he is ordering other people to,” Richard Painter, former chief White House ethics lawyer, told the Washington Post. “At a certain point you are using White House resources, and that is a violation of the Hatch Act.”

[...]

The Office of Special Counsel, a special body set up just for the Hatch Act, investigates and determines whether a violation has occurred. [..The decision of whether to punish a person found violating the Act falls on the boss..]

  Refinery 29
Well, shit. It's a wonder anyone is ever punished.
A prime example is White House adviser Kellyanne Conway. She has violated the Hatch Act numerous times but avoids consequences despite the Office of Special Counsel advising that she be removed from her position.

In the case of using the White House South Lawn, it could be considered a misuse of congressionally appropriated funds for political gain which would be criminally enforceable. While the Hatch Act violations would fall on Republican National Convention planners and Trump administration employees rather than Trump, misuse of funds could reach Trump.
Not with a Republican-controlled Senate.
The statute of limitations for misusing funds would not have run out in 2021, but Biden made it clear he wouldn't involve himself in Justice Department decisions.
Then I want to see New York AG Letitia James become AG in Biden's administration. Let HER at Trump.

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