President Trump is feeling pretty invulnerable right now. Between the lack of indictments coming from the Mueller Report, the House’s reticence to initiate impeachment proceedings, the lack of GOP blow back from his comments about taking opposition research from foreign governments, etc. Why would he take advice from the Office of Special Counsel i.e. Kellyanne Conway and the Hatch Act.

Well I don’t expect that he will. And I don’t expect that the GOP leadership on the Hill will hold him responsible if he doesn’t. Yet Ms. Conway has clearly violated the Hatch Act on any number of occasions. And not firing her would normally be an impeachable offense.

Here’s an interesting comment from the White House:

Among other things, he ( Pat A. Cipollone, the White House counsel) argued that the special counsel was applying an overreaching interpretation of the law to target the president’s aide, particularly by applying unjustified standards to social media.


“OSC’s overbroad and unsupported interpretation of the Hatch Act risks violating Ms. Conway’s First Amendment rights and chills the free speech of all government employees,” Mr. Cipollone wrote. The call for Ms. Conway’s firing, he added, “is as outrageous as it is unprecedented.”

emphasis mine

If you read the first paragraph above, once again there is a question about official vs. personal use of social media. As I have called for in the past, there needs to be legislation around what is and what is not official business on social media. When is a government official using social media in an official capacity and when are they acting as a private citizen.

The second paragraph gets into the First Amendment. Anyone going into government service is aware of the Hatch Act and knows what it entails and how it would affect them…it should come as no surprise and if they think that it will inhibit their rights…they shouldn’t take on a role in government.

But to think that laws can’t restrict free speech…I suggest that there are all manners of laws around privacy, secrecy and security that control what government employees can say or reveal in public already…laws that no one finds fault with…and I think the Hatch Act is similar.

So in short, Kellyanne Conway should go and take her rightful spot on Fox News…and if not the president should be impeached for refusing to remove her.

One last thing…that unprecedented thing? It is in fact unprecedented. The Office of Special Counsel has never had to issue a report quite like this before.

AND: What is the Hatch Act??

The Hatch Act prohibits federal employees from engaging in political activities while they are on the job. Named for former Senator Carl A. Hatch, Democrat of New Mexico, the law has been on the books for 80 years.

One Response to Kellyanne Conway: Should She Stay or Should She Go?

  1. Nemo says:

    If she goes, there will be trouble
    And if she stays it will be double
    So she’s gotta let us know
    Should she cool it or should she blow?

    Ed, sorry to Clash so much, couldn’t resist.

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