Fact Check: Did Kamala Harris Violate the Hatch Act?

Vice President Kamala Harris delivered a campaign speech at the vice president’s official residence in Washington on Wednesday, addressing drastic claims made by John Kelly, Donald Trump’s former chief of staff.

In her remarks, Harris repeated her increasingly stark warnings about Trump’s mental condition and his intentions for the presidency, citing recent comments from John Kelly, who claimed he overheard Trump praising Adolf Hitler.

“This is a window into who Donald Trump really is, from the people who know him best, from the people who worked side by side with him in the Oval Office and in the Situation Room,” Harris told reporters outside the vice president’s residence in Washington.

The speech, delivered at the vice president’s official residence, sparked controversy online, with critics accusing Harris of violating the Hatch Act, a law that limits the political activities of federal employees in certain contexts.

Claim

As soon as Harris announced the press conference, accusations surfaced online accusing her of violating the Hatch Act by delivering a campaign speech under the official seal of the vice president at her official residence at the Naval Observatory in Washington. The Hatch Act is a federal law that limits certain political activities of federal employees while in office.

A viral post on X (formerly Twitter) by a conservative commentator Karmin Sabiaalong with other social media accounts, accused Harris of using her official position for political purposes, calling the speech a “flagrant violation” of the Hatch Act.

The post refers to the Hatch Act, which limits federal employees’ political activities while in office.

Facts

The Hatch Act, passed in 1939, restricts federal employees from engaging in partisan political activity while performing their official duties. According to the U.S. Office of Special Counsel (OSC), which oversees compliance with the act, the law prohibits federal officials from using their official powers or influence to interfere with or influence the outcome of an election.

However, the Vice President and President have special exceptions to the Hatch Act that allow them to engage in political activities to some extent. This exemption recognizes the dual role of these officials – both as heads of state and political figures.

The OSC has issued numerous reports over the years explaining that while political activities are limited, the roles of President and Vice President allow for a combination of official and political activities, especially during campaign seasons. This flexibility often protects them from Hatch Act claims that might otherwise involve lower-level federal employees.

Judgment

FALSEHOOD. Vice President Kamala Harris did not violate the Hatch Act by delivering a political speech at her official residence under the official seal. The Hatch Act applies differently to the President and Vice President due to the nature of their roles. While they must avoid misusing government resources for campaign purposes, their political activities are not subject to the same stringent restrictions as those of other federal employees.

FACT CHECK BY Newsweek