Senior White House aide Kellyanne Conway avoided getting fired for “egregious and ongoing” violations of the Hatch Act in large part because a little-known oversight agency was unable to weigh in
The Office of Special Counsel, an investigative arm of the MSPB,
“If Ms. Conway were any other federal employee,” wrote Special Counsel Henry Kerner, “her multiple violations of the law would almost certainly result in removal from her federal position by the Merit Systems Protection Board.” If Conway’s violations were “left unpunished,” Kerner warned, that would “send a message to all federal employees that they need not abide by the Hatch Act’s restrictions.”Fox News that “It looks to me like they’re trying to take away her right of free speech.
But the statute limited this exempted group to those who were appointed “by and with the advice and consent of the Senate,” who enjoyed special protection under a 1926 Supreme Court decision. poster="http://v.politico.com/images/1155968404/201906/3993/1155968404_6047976190001_6047974131001-vs.jpg?pubId=1155968404"Before Conway, the OSC had referred Hatch Act recommendations against political appointees only three times in its four-decade history, twice under Obama and once under President George W. Bush. All three referrals were made to the White House because they concerned political appointees who’d been confirmed by the Senate.
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