Office of Special Counsel Recommends Disciplining Kellyanne Conway for Hatch Act Violations

The U.S. Office of Special Counsel sent a report to President Trump recommending disciplinary action against White House Counselor Kellyanne Conway for violating the Hatch Act during television interviews where she promoted Republican Senate candidate Roy Moore and attacked Democratic candidate Doug Jones in Alabama’s 2017 special election. The federal watchdog found that Conway “impermissibly mixed official government business with political views about candidates,” appearing on Fox News and CNN in her official White House capacity to engage in partisan political advocacy prohibited by federal law.

Background

The Hatch Act of 1939 prohibits federal employees from using their official positions to influence elections or engage in political activity while on duty. In a letter to President Trump, Special Counsel Henry Kerner referred Conway “for consideration of appropriate disciplinary action,” noting she violated the law during at least two separate television appearances. During these interviews, Conway explicitly advocated for Moore’s election and against Jones while identifying herself as a senior White House official.

The White House immediately pushed back against the finding, with deputy press secretary Hogan Gidley claiming “Kellyanne Conway did not advocate for or against the election of any particular candidate.” This defense contradicted the OSC’s documentary evidence of Conway’s explicit political statements made while acting in her official capacity.

Significance

This marked the first formal disciplinary recommendation against a senior Trump White House official for Hatch Act violations, establishing a pattern of lawbreaking that would escalate dramatically over the following years. The OSC’s recommendation carried potential penalties including removal from office or salary deductions, giving Trump ultimate authority over any disciplinary action.

Trump’s refusal to take any action against Conway sent a clear signal throughout the administration that ethics laws would not be enforced, enabling what would become over 50 documented Hatch Act violations by Conway alone. The incident demonstrated how the Hatch Act’s enforcement mechanism—requiring presidential action against White House staff—made the law effectively unenforceable when a president chose to ignore violations by loyal subordinates. This case became the first in an unprecedented pattern of systemic ethics violations that characterized the Trump administration’s approach to federal law.