Office of Special Counsel Finds White House Social Media Director Dan Scavino Violated Hatch Act with Political Tweet Attacking Congressman

The U.S. Office of Special Counsel determined that White House Social Media Director Dan Scavino violated the Hatch Act when he used his position to call on Trump supporters to defeat Republican Congressman Justin Amash in a primary election. Although Scavino posted the tweet from his personal Twitter account, his profile identified him as holding an official White House position, making his political advocacy a prohibited use of official authority to influence an election. The OSC issued a warning letter stating that future violations would be considered “willful and knowing” violations of federal law.

Background

In April 2017, Scavino tweeted calling on President Trump’s supporters to “defeat” Republican Congressman Justin Amash, who had been critical of some Trump administration positions. Even though the tweet came from Scavino’s personal account, his Twitter biography at the time prominently noted his official White House role as Social Media Director, which the OSC determined meant he was using his official position for political activity prohibited by the Hatch Act.

The ethics watchdog Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint about the tweet, triggering the OSC investigation. In its finding, the OSC concluded that Scavino’s official position was integral to his Twitter identity and that his call to defeat a sitting congressman constituted using federal authority to influence an election outcome.

The OSC’s letter, dated June 5, 2017, warned Scavino that “if in the future he engages in prohibited activity while employed in a position covered by the Hatch Act, we will consider such activity to be a willful and knowing violation of the law.” Scavino was also counseled about Hatch Act compliance by the White House Counsel’s office following the finding.

However, just weeks after receiving this warning, Scavino appeared to cross the line again when he used his official government Twitter account, @Scavino45, to retweet a Trump message that simultaneously promoted both an official presidential visit and a campaign event, raising questions about whether he had learned anything from the initial reprimand.

Significance

Scavino’s violation represented one of the earliest documented Hatch Act violations in the Trump administration, establishing a pattern of using official social media presence for political advocacy that would continue throughout Trump’s presidency. The case highlighted how social media had created new vectors for Hatch Act violations, with officials able to blend official and personal accounts in ways that allowed them to leverage government positions for political purposes.

The OSC’s decision to issue only a warning rather than recommend stronger action set an early precedent for weak enforcement of Hatch Act violations in the Trump administration. While the warning technically put Scavino on notice that future violations would be considered knowing and willful, the lack of meaningful consequences signaled that administration officials could violate ethics laws with minimal risk.

Scavino’s apparent repeat violation just weeks after being warned demonstrated the ineffectiveness of the OSC’s approach. Without independent enforcement authority beyond making recommendations to the president, and with Trump clearly uninterested in disciplining staff for ethics violations, the Hatch Act’s restrictions on political activity became effectively advisory rather than mandatory for White House officials.

This case also illustrated how Trump’s social media-centric approach to politics created constant Hatch Act problems. With the president himself exempt from the law but constantly engaged in political messaging, staff members like Scavino who managed his social media presence operated in a gray area that the administration exploited to blur the lines between official government communications and campaign activity. The resulting erosion of ethical boundaries would accelerate throughout Trump’s term, culminating in the systematic Hatch Act violations at the 2020 Republican National Convention.