Special counsel investigating DeVos for potential Hatch Act violation: report

by Brooke Seipel - 09/21/20 8:53 PM ET

Education Secretary Betsy DeVos is under investigation for possible Hatch Act violations after she criticized Democratic candidate Joe Biden in a Fox News interview, Politico reports.

According to Politico, the Office of the Special Counsel (OSC) has started the investigation after DeVos hit Biden on Fox News and shared the video to the Education Department’s YouTube page in early September. In the clip, DeVos said Biden “turned his back on” kids by saying he opposes her school choice policies, and called it “shameful.”

DeVos would add to a number of top Trump administration officials who have been accused of violating the Hatch Act, which bars federal employees in the executive branch from using their position for political activity.

In 2018, the Office of the Special Counsel found at least six Trump staffers had violated the Hatch Act. The OSC decided not to pursue disciplinary action against any of the officials at the time since they deleted their posts which were subject to the violation. In 2019, OSC updated that number to at least 10 Trump officials.

Two former Obama administration cabinet secretaries violated the Hatch Act, Housing and Urban Development chief Julián Castro and Health and Human Services Secretary Kathleen Sebelius, Politico reported.

Normally, those found in violation of the rule can face firing, fines, demotions or other penalties.

Ivanka Trump, Stephen Miller, and other top Trump advisers are among those accused of violations. Top adviser Kellyanne Conway was also found in violation of the Hatch Act, but President Trump ultimately did not act on the violation.

“No, I’m not going to fire her. I think she’s a terrific person,” Trump said in an interview at the time.