Watchdog Group Files Hatch Act Complaint Against Jen Psaki

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The watchdog group Citizens for Responsibility and Ethics in Washington (CREW) is filing a Hatch Act complaint against White House press secretary Jen Psaki.

Psaki was asked during Thursday’s briefing about the Virginia governor’s race between Democrat Terry McAuliffe and Republican Glenn Youngkin, and whether it’s a bellwether for the Biden administration.

“I have to be a little careful about how much political analysis I do from here and not traipse into that too much,” Psaki remarked.

Towards the end of her answer, however, she added, “We’re going to do everything we can to help former Governor McAuliffe, and we believe in the agenda he’s representing.”

The Hatch Act imposes limits on the political activities of certain federal employees.

CREW said in its complaint Friday even though Psaki tried to start “on the right side of the line,” she ultimately crossed it.

During a press briefing, Psaki said of McAuliffe, “we’re going to do everything we can to help former Governor McAuliffe, and we believe in the agenda he’s representing.” That appears to be an endorsement of his candidacy. The Hatch Act prohibits executive branch employees from “us[ing their] official authority or influence for the purpose of interfering with or affecting the result of an election.” “Political activity” is defined as “an activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.”

The complaint itself says Psaki was “impermissibly mixing official government business with advocacy” for the Virginia Democrat.

CREW asked for the Office of Special Counsel to investigate Psaki’s conduct and “take any appropriate disciplinary action.”

They did make a point of saying Psaki’s remarks are not on the same level as the “disdain” Trump administration officials showed for the Hatch Act.

On Thursday night, Trump White House press secretary Kayleigh McEnany said Psaki has committed Hatch Act violations, arguing, “There is no problem in engaging in First Amendment political activity, but it must be done separate and apart from the podium.”

Why does the media not hold @PressSec accountable for potential Hatch Act violations? She has twice advocated for political candidates from the podium.

There is no problem in engaging in First Amendment political activity, but it must be done separate and apart from the podium. https://t.co/ICLldHRCgs

— Kayleigh McEnany (@kayleighmcenany) October 15, 2021

CREW similarly filed Hatch Act complaints against multiple Trump administration officials, including Kellyanne Conway and Peter Navarro. In both of those cases, OSC concluded they violated the law.