Did the Republican National Convention Violate the Hatch Act?
The accusations involve three critical RNC moments: Secretary of State Pompeo's speech from Jerusalem, Trump and Melania using the White House as a backdrop, and the inclusion of a naturalization ceremony conducted by acting Homeland Security Secretary, Chad Wolf. However, most Americans have never heard of the Hatch Act, and Trump's Chief of Staff believes that "Nobody outside of the Beltway really cares." So what is the Hatch Act, did the Trump administration violate it, and should we care?
What Is the Hatch Act?
By ART CHANCE
The Hatch Act of 1939, "An Act to Prevent Pernicious Political Activities," limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. Specifically, those in the executive branch, with the exception of the President and Vice President, must abstain from taking "any active part" in political campaigns while on duty. They may not use their official titles or positions while engaged in political activity or participate in any activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group while on duty, in any federal room or building, or wearing a uniform or official insignia.
Summarily, the Hatch Act was created to ensure that government resources don't subsidize re-election campaigns, that government aides aren't pressured into campaigning for their superiors, and that government officials don't use the influence of their position to affect election outcomes. It ensures that campaigning and governing remain separate activities.
The Trump administration has a history of violating the Hatch Act. The Office of Special Council, which is responsible for evaluating Hatch Act complaints, has issued members of the Trump administration 13 official citations, and 12 more investigations are underway, not including the potential violations during the Republican National Convention. This is despite the fact that Henry Kerner, the head of the Office of Special Council, is a Trump appointee and model conservative.
The most notable offender is Kellyanne Conway, counselor to the president, who has been accused of violating the Hatch Act over 60 times by Citizens for Responsibility and Ethics in Washington (CREW). She's violated the Hatch Act so many times that even the Trump-friendly OSC recommended she be fired, referring to her actions as "egregious, notorious and ongoing." Her response to the recommendation? "blah blah blah...let me know when the jail sentence starts."
Conway is not the only one.The New York Times reported that Trump officials "privately scoff" at the Hatch Act and "take pride" in violating it, and the Daily Beast reported that staffers flaunt violations because they "love the anger it produces." In contrast, during Obama's eight years as president, only two cabinet officials received official citations, and both publicly apologized for their misconduct.
So now that we understand what the Hatch Act is, let's talk about the specific violations that took place during the RNC.
Secretary of State Mike Pompeo's Speech
Watch Mike Pompeo's Full Speech At The 2020 RNC | NBC Newswww.youtube.com
Secretary of State Mike Pompeo delivered his Republican National Convention speech from a rooftop in Israel. Pompeo filmed the speech on an official overseas trip, but the State Department said he delivered it "in his personal capacity." He never mentioned his position as Secretary of State, but he did speak to foreign policy in general and Trump's "America First" vision.
Does it break tradition? Yes, Secretary of State Mike Pompeo is the first acting Secretary of State in living memory to give a speech at a partisan convention. Other cabinet members have made speeches to national conventions in the past, but the Secretary of State's role in foreign policy has deemed their participation inappropriate. As Susan Hennessey and Scott R. Anderson wrote in a Washington Post op-ed, "Diplomats are supposed to represent all Americans to the rest of the world, and limiting their political activities ensures that they are able to serve this role effectively."
So does Pompeo's speech break department policy? Yes, According to a 2019 memorandum from the department's Legal Adviser, "Senate-confirmed Presidential appointees may not even attend a political party convention or convention-related event." The memorandum explains that the State Department specifically has a "long-standing policy of limiting participation in partisan campaigns by its political appointees in recognition of the need for the U.S. Government to speak with one voice on foreign policy matters."
Does it violate the Hatch Act? Maybe. The State Department has stated that he delivered the speech "in his personal capacity," which, under the Hatch Act, he is allowed to do. However, because the speech was delivered from Israel on a diplomatic visit, it can be argued that he was on duty, and it is impossible to separate him from his official capacity; therefore, he was violating the Hatch Act.
The Use of the White House Grounds for Campaign Speeches
Melania Trump delivers speech at 2020 RNCwww.youtube.com
Melania Trump delivered her speech on the second night of the convention from an unconventional location: the White House Rose Garden. And as his grand finale, Donald Trump delivered his speech accepting his nomination from the south lawn of the White House. Trump has stated that the choice to do the speeches from the White House is simply a matter of convenience since it would be "easiest from the standpoint of security." However, many officials have criticized this action for being a Hatch Act violation waiting to happen.
Does it break tradition? Yes, use of the White House grounds as a platform for a re-election speech is highly unusual and represents a blurred line between taxpayer-supported government activity and political campaigning. The "Rose Garden strategy," a term used by political strategists for an incumbent president's use of official events to gain publicity in an election year, is fairly common. But, using the official events to get media attention is not the same as literally using the Rose Garden for televised campaign events.
Does it violate the Hatch Act? Maybe. The President himself is exempt from the Hatch Act. But any other White House employees assisting in the setup/preparation for RNC speeches are in violation. The OSC has stated that federal employees attending the event are not in violation because the Rose Garden and the South Lawn are not considered part of the White House.
Use of Naturalization Ceremony Footage
During the second night of the Republican National Convention, Donald Trump presided over a pre-recorded naturalization ceremony for five new American citizens. The ceremony was performed by acting Secretary of Homeland Security, Chad Wolf, and was filmed inside the White House. The video began with Trump striding up to the lectern while "Hail to the Chief" played in the background.
Does it break tradition? Yes. Using a legally binding ceremony as part of a partisan campaign event has never been done before.
Does it violate the Hatch Act? Probably. Acting Secretary of Homeland Security, Chad Wolf, was acting in his official capacity, clearly on-duty, performing a legally binding ceremony in the White House. Because this was used during a political convention in support of the re-election of Donald Trump, it is a seemingly clear violation of the Hatch Act. White House officials have defended the action in a statement, "The White House publicized the content of the event on a public website this afternoon and the campaign decided to use the publicly available content for campaign purposes." The argument seems to be that because the original intent of the ceremony was not to use it for the campaign, it was not a violation.
All three of the questionable actions mentioned above effectively blur the line between the Executive Branch's role in governing and their role in getting Trump reelected. Even though it is unclear whether these actions were technically violations of the Hatch Act, they certainly violate the spirit of the act. Free and fair elections are the foundational principle of Democracy, but Trump and his administration don't seem to care about the rules in place to keep things fair. Americans deserve a federal government that works for everyone, not one that can't seem to tell the difference between campaigning and governing.
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The Cuck Zone Looks Pretty Chill: Why the American Right Wing Can't Be Satirized
Now known as "Poe's Law," the definition has grown to encapsulate all extremist ideologies. Essentially, Poe's Law states that it is impossible to parody extremism online without first stating authorial intent, as no matter how absurd the parody, some readers will mistaken it as genuine.
So on that note, welcome to the Cuck Zone.
Chelsea Saunders
Popularly named after the Cuck Zone bar at the image's top-center, "Cuck Zone" is a Where's Waldo-esque illustration depicting the absurdity of liberal colleges. Along with the titular bar where, presumably, everyone is a cuckhold, there are actual Oppression Olympics, a pronoun police van, a white tears livestream, and of course, free weed.
It's a funny image no matter how you look at it, but it's especially funny when shared unironically by right-wingers who don't realize that they're the butt of the joke. Because, as it turns out, the Cuck Zone is satirical.
The image originated in Current Affairs magazine with the title "The Campus Seen Through The Eyes of US Conservatives." This means that, at some point, someone photoshopped out the bulk of the title and re-shared it as a genuine reflection of their views. Then, left-wing people found the image being shared unironically and began sharing it ironically without realizing that they were sharing it as it was intended to be shared in the first place.
All of which is to say, Poe's Law prevails once again.
The sad truth is that America's Overton Window has moved so far right over the past few decades (but especially during the past few years) that even baseline right-wing ideology is indistinguishable from extremism. We're reached a point where the majority of American Republicans believe that college education is bad. To be clear, the mainstream American right-wing platform has congealed around the criminally inept Trump administration and a rejection of education in favor of willful ignorance. This is truly beyond the pale.
But at least as we wait for the inevitable destruction of America, we can take solace in the "Cuck Zone," a left-wing interpretation of a right-wing fantasy that actually would be really cool because who doesn't love free weed?
Donald Trump Is Encouraging His Supporters to Spread Death
It's understandable. The economy is suffering under the strain of the COVID-19 quarantine. It has decimated the stock market and resulted in an unprecedented spike in unemployment, and people want to get back to their lives. They want to reopen the country, and so does President Trump—whose ardent supporters have been among the most vocal and visible protestors. He's worried that if this situation continues on his watch, the economic damage may hurt his chances at re-election, as businesses small and large suffer losses that threaten their very survival. Leaving aside the fact that reopening too early will result in worse economic damage, there is another group that doesn't seem to concern him as much and whose survival depends on continuing the quarantine: People. Hundreds of thousands of people.
A mass grave in New York
So when Donald Trump was suggesting that "large sections of the country" could re-open for Easter, it was cause for concern. But with the impact of the pandemic still far from its terrifying peak in hotspots like New York city, it seemed likely that Donald Trump would back off his overly-optimistic stance—and he did.
That's often how things work with Donald Trump. He will make a show of how tough and no-nonsense he is with some dramatic posturing that seems to fly in the face of the experts and will then be cowed by behind-the-scenes efforts to make him see reason. Unfortunately for the country, most of his followers are not similarly attended to by an entourage of people trying desperately to steer them away from catastrophic idiocy. So now that Easter has come and gone and Donald Trump is continuing to hint that he may soon reopen the country—maybe even against the wishes of governors in individual states—chaos was bound to ensue.
While some of the protesters have remained in their cars—honking their horns and blocking the passage of at least one ambulance—others crowded together to scream their rejection of science in one proud voice and one shared cloud of breath.
For Donald Trump, the political effect of his latest hints and ambiguous comments about wanting to reopen the country and authorizing governors "to implement ... a very powerful reopening plan" while telling them, "You're going to call your own shots," is that he can have his cake and eat it too. While taking no direct measures to reopen the country amid continued medical advice to extend restrictions, he can still communicate to stir-crazy and cash-strapped supporters that he's doing everything he can for them and that maybe they should talk to their governors.
And that's just what they've been doing. In Michigan—where Operation Gridlock was so effective that even emergency vehicles couldn't get through—protestors directed their frustration at Democratic Governor Gretchen Whitmer, with chants of "Recall Whitmer" and "Lock her up." In North Carolina, at the ReopenNC protest, more than 100 angry citizens assembled to protest Governor Roy Cooper's stay-at-home order and to spread conspiracy theories that the COVID-19 death toll is being inflated—though the opposite is true.
In Ohio the scene was particularly disturbing, with dozens of protestors gathering at the statehouse in Columbus with Guy Fawkes masks, Trump hats, and signs reading "This is tyranny," and "Quarantine the sick not the Contitution [sic]." Eventually a group pressed close together against the locked glass doors to shout their feelings with no concern for social distancing.
What these people need is financial assistance that isn't delayed by politics or targeted at millionaires and massive corporations, as well as reassurance that the current approach is necessary and effective—that our leaders are unified in following the guidance of health experts. What they get instead, from Trump and top Conservative voices, is constant waffling and hedging about the cost to the economy and tacit endorsement of these dangerous protests.
Just as he has had every opportunity to decry violence done in his name, Donald Trump could end these protests. If he were open and honest about the fragility of our hospital system and our country's best hope of getting through this crisis intact, then he could quell much of this unrest and dispel false narratives equating this virus to the flu or car accidents. Instead, he feigns careful consideration while effectively encouraging defiance that will inevitably result in more infections and more death.
Stay home and stay safe.
Coronavirus Vs. the Flu: The Coronavirus Isn't a Big Deal (Yet)
Chinese officials initially said that U.S. health officials "inappropriately overreacted" and spread unnecessary fear. However, on Monday (February 3) China's elite Politburo Standing Committee admitted that there were "shortcomings and difficulties in the response to the epidemic," according to China's Xinhua news agency. The government said it "urgently" needed medical supplies, such as protective suits and masks.
When the World Health Organization (W.H.O) declared the virus a "public health emergency of international concern," they said its organization "continues to have confidence in China's capacity to control the outbreak." They stated that their concern is about the virus' potential to reach countries with poor health care. In such an environment, the disease could spread rapidly, "infecting millions of people and killing thousands," according to The New York Times.
With over 20,000 cases reported in China and 170 more reported in over 25 other countries, the Centers for Disease Control and Prevention (C.D.C.) has been rapidly updating their findings on the respiratory disease. 11 cases have been confirmed in the U.S. (including 3 in California, 2 in Illinois, 1 in Arizona, 1 in Massachusetts, and 1 in Washington). More cases are currently under review. As of this writing, three New York cases have been sent to the Center for Disease Control and Prevention Laboratory in Atlanta, which is currently the only facility that can confirm a case of coronavirus. The New York City health commissioner has called the virus's presence in the city "inevitable."
But what does that really mean?
The coronavirus is distinct in a few ways, originating in animals in Wuhan, China but demonstrating the ability to spread from person to person once someone is infected. Symptoms present as common flu symptoms, including fever, dry cough, shortness of breath, aching muscles, and fatigue. There have been indications to suggest that individuals infected with the coronavirus are contagious before they show symptoms, but that has not been widely confirmed.
Out of over 20,000 confirmed cases spread across more than two dozen countries, there have been fewer than 500 deaths, with two deaths occurring outside of China so far. Most people infected have been elderly or those with compromised immune systems, and there have been full recoveries from the virus.
The first American patient confirmed to have the coronavirus has been released from the hospital and is staying in isolation in his home. "I am at home and continuing to get better," the nameless man said in a statement, "I ask that the media please respect my privacy and my desire not to be in the public eye. I would like to thank the doctors, nurses, and entire team at Providence who cared for me. I appreciate all of the concern expressed by members of the public, and I look forward to returning to my normal life."
The flu is more dangerous.
Meanwhile, public health officials underline that the coronavirus presents a low health risk to Americans. More dangerous is influenza B, or the common flu. The C.D.C. reports that 68 children have died of the flu this year, along with an estimated 10,000 adults! Todd Ellerin, the director of infectious diseases at South Shore Health in Massachusetts, told Mother Jones that the flu is "massively outstripping" the spread of the coronavirus in the U.S. He added in a a blog post for Harvard Medical School, "In the US, the average person is at extremely low risk of catching this novel coronavirus. This winter, we are much more likely to get influenza B—the flu—than any other virus: one in 10 people have influenza each flu season."
What You Can Do About the ICE Raids
Yesterday, ICE staged its largest single-state immigration raid in history, sending over 600 agents to seven Mississippi food processing plants. 680 people were arrested and detained. They were ushered onto buses, where they had their hands tied with plastic bands; some tried to flee into parking lots but were captured on foot. The detained immigrants will be tried on a case-by-case basis, with no limit on how long they might be kept in ICE custody. As of now, 300 people have allegedly been released.
Many of the detained have children at home, who have been left without their parents. A local school in Scott County that started their academic year on Tuesday has gone "on standby," and bus drivers have been instructed to check whether the child is met by a parent or guardian before letting them off the bus, in order to ensure that the child is not returning to an empty house.
While the children have waited to hear from their parents, some members of the local community have stepped up, including a gym owner named Jordan Barnes, who's helped house some children until they can be connected with a family member or guardian.
Summer of Deportation
For supporters of the crackdown on illegal immigration, the raids are viewed as triumphs. In July, President Trump told reporters that "[ICE is] gonna take people out and they're going to bring them back to their countries or they're gonna take criminals out, put them in prison, or put them in prison in the countries they came from."
The raids in Mississippi came only five days after a mass shooting that was motivated by racism and anti-immigrant sentiment rocked El Paso, Texas and left 31 dead. They appear to be the climax of a summer of relentless ICE crackdown on migrants across the nation. Currently, the U.S. operates the world's largest immigration detention system, with an estimated 30,000 people in custody on any given day. The raids began in June, with ICE targeting up to 2,000 migrants in 10 U.S. cities.
Image via NBC News
These detention centers have been loci of contention for the past few months in particular. On Tuesday, August 6, over 100 hunger-striking immigrants at a Louisiana facility were sprayed with pepper spray, shot at with rubber bullets, and blocked from contacting their families. Reports of atrocious conditions at the facilities have continued to flood in from many sources.
On Wednesday, just one day before the Mississippi raids, a man named Jimmy Aldaoud—who spent most of his life in the U.S. and had never lived in Iraq, though he was of Iraqi nationality—died in Baghdad, after he'd been left homeless and without access to insulin following his deportation. Aldaoud was detained as part of a massive crackdown on the Detroit Iraqi community. In a video filmed before he died, he appears to be sitting on a street in Iraq. "Immigration agents pulled me over and said I'm going to Iraq," he said in the clip. "I said, 'I've never been there. I've been in this country my whole life, since pretty much birth.' … They refused to listen to me."
What Can You Do?
In the wake of this news, and knowing that the raids will likely only grow worse, you might be wondering what you can do. Here are a few suggestions:
Spread and share information about immigrants' rights.
There are many guides in various formats available to the public that detail immigrants' rights. The ACLU has one, as well as the National Immigration Law Center, and the Immigration Defense Project offers a variety of flyers and pamphlets available for distribution. Essentially, the most important fact to share is that if an ICE agent shows up at your door, you are never obligated to open it unless they have a warrant, and you are never obligated to speak to an officer if they stop you in public. They cannot arrest you without a warrant, and you have permission to tell them that you are exercising your right to remain silent.
As an ally, you can also share stories on social media and among your networks, highlight migrants' voices, do your own research into issues of asylum and immigration and contact your representatives to voice your opposition, especially if you live in a state or community where the raids are taking place. You can find your local ICE community relations officer here and your representative here. You can also use the website 5calls.org to find more people to contact.
Report ICE raids when you see them.
If you see an arrest, take note of the officers' badge numbers and license plates and take videos. You can also report raids to hotlines, like United We Dream. If you're a legal U.S. citizen, use your judgment to decide when to speak up and get involved in a raid. Recently, in Nashville, a group of community members noticed that the ICE was surrounding one of their neighbors' vans, and so they formed a circle around the car until the agents left the scene.
Remember that it's unhelpful to report potentially false information about ICE raids, as they can spread unnecessary panic, so exercise caution when dealing with raids in real time.
Donate to help migrants.
A lawyer can make all the difference in a migrant's case. Many migrants qualify for legal citizenship in the U.S. and simply are unable to compile the necessary documentation. The Cornell Law School has a list of organizations seeking donors or volunteers. Just be sure to do your research and vet the charity using a site like Charity Navigator.
Get involved in advocacy groups.
Allies can participate in a variety of contexts. There are many organizations that allow allies to help migrants prepare their documents for citizenship hearings, or coordinate groups to attend these hearings, such as the New Sanctuary Coalition and Cosecha in NYC.
If you're an attorney or are fluent in translating Spanish to English, your expertise is particularly valuable to these groups. Even if not, just attending a court hearing can put enough pressure on judges to turn the tide in favor of migrants.
You can also push your local church, school, or community organization to act as a short-term sanctuary for migrants. If you want to give even more, you could look into underground networks dedicated to keeping migrants and refugees safe.
Organize for the 2020 elections.
Though protests and active allyship can be powerful, none of these small actions can replace systemic changes coming from the very top.
The rising tides of migration to the U.S. are not occurring in a vacuum. They are products of policy issues stemming from root sources like climate change, the War on Drugs, and other large, structural issues that require equally large, structural changes.
Even if you don't believe that undocumented immigrants should be allowed to stay in the country, the images of children crying as their parents are dragged away into unsanitary and dangerous prisons should be enough to stir some basic human impulse to react. There is a better way.