OSC’s Hatch Act Guidance: No Advocacy For/Against Impeachment, No #Resist, #ResistTrump Use

 

On November 27, the U.S. Office of Special Counsel (OSC) — not Robert Mueller’s but the federal agency with authorities to investigate cases related to the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA) — issued a new guidance regarding political activity. It says that  its Hatch Act Unit has received several questions regarding whether the following constitute “political activity” for purposes of the Hatch Act:

1. Is strong criticism or praise of an administration’s policies and actions considered political activity?

Criticism or praise that is directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group is political activity. Absent evidence that the criticism or praise is so directed, criticism or praise of an administration’s policies and actions is not considered political activity. Whether a particular statement constitutes political activity depends upon the facts and circumstances.

Consider, for example, the administration’s recent decision to move the U.S. embassy in Israel to Jerusalem. An employee who strongly criticizes or praises that decision during a workplace discussion with a colleague in the days immediately following the decision is less likely to be engaging in political activity than one making those same statements in the run-up to the next presidential election—when the decision will likely have been out of the news for several years—to a colleague that the employee knows has strong feelings about
the subject.

Read more here.

2. Is advocating for or against impeachment of a candidate for federal office considered political activity?

Yes. Read more here.

3. Is activity related to “the Resistance” considered political activity?

To the extent that the statement relates to resistance to President Donald J. Trump, usage of the terms “resistance,” “#resist,” and derivatives thereof is political activity. We understand that the “resistance” and “#resist” originally gained prominence shortly after President Trump’s election in 2016 and generally related to efforts to oppose administration policies. However, “resistance,” “#resist,” and similar terms have become inextricably linked with the electoral success (or failure) of the president. During the period when President Trump was not considered by OSC to be a candidate for reelection the terms did not raise any Hatch Act concerns. Now that President Trump is a candidate for reelection, we must presume that the use or display of “resistance,” “#resist,” “#resistTrump,” and similar statements is political activity unless the facts and circumstances indicate otherwise.

Note that this presumption is only relevant to employee conduct that takes place on duty, in the workplace, while wearing an agency uniform or insignia, or while invoking any official authority or influence. Provided that they comply with the Hatch Act’s restrictions, employees are free to engage in political activity while off-duty and away from the federal workplace.

In OSC’s example, if you tweet “I must #resist the temptation to eat another donut from the break room” – you would not/not be engaging in political activity but OSC would presume that “the use or display of the hashtags #resist and #resistTrump, in isolation, is political activity under the Hatch Act.”  Read in full here.

The thing is, Foreign Service folks are considered on duty 24/7, so what does this guidance means in the real world? We’ve asked the OSC; will update if we hear anything back.

You may also call the Hatch Act Unit at 202-804-7002 or send an e-mail to Hatchact@osc.gov  for your Hatch Act-related questions.

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27 Hours Later, Pompeo Says “The United States Condemns This Aggressive Russian Action” #Ukraine

A follow-up to Russia-Ukraine Tensions Escalate in Sea of Azov, U.S. Issues Forceful Response: ZZZzzz, late November 26, the State Department finally released a statement from Secretary Pompeo condemning the “aggressive Russian action” in the Kerch Strait. Earlier, he had an opportunity to address the incident during his joint press appearance with Kosovo’s president but declined to do so.

Amb Haley’s Take on UNGA Laughter Heard Around the World Generates More Laughter

 

BONUS tweets:

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Sonnets from the Hermit Kingdom 45: How do I love thee?

 

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UNGA Crowd Laughs Out Loud at POTUS

 

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Swagger talk about POTUS (in a parallel universe) makes regular folks react with feelings

 

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Bob Woodward’s ‘Fear: Trump in the White House’ (Excerpt)

Via Amazon: Bob Woodward is an associate editor at The Washington Post, where he has worked for forty-seven years. He has shared in two Pulitzer Prizes, first for the Post’s coverage of the Watergate scandal with Carl Bernstein, and second in 2003 as the lead reporter for coverage of the 9/11 terrorist attacks. He has authored or coauthored eighteen books, all of which have been national nonfiction bestsellers. Twelve of those have been #1 national bestsellers.

With authoritative reporting honed through eight presidencies from Nixon to Obama, author Bob Woodward reveals in unprecedented detail the harrowing life inside President Donald Trump’s White House and precisely how he makes decisions on major foreign and domestic policies. Woodward draws from hundreds of hours of interviews with firsthand sources, meeting notes, personal diaries, files and documents. The focus is on the explosive debates and the decision-making in the Oval Office, the Situation Room, Air Force One and the White House residence.

Fear is the most intimate portrait of a sitting president ever published during the president’s first years in office.

“I think you’ve always been fair.”President Donald J. Trump, in a call to Bob Woodward, August 14, 2018

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Trump Dumps Tillerson as 69th Secretary of State, to Appoint CIA’s Pompeo as 70th SoS

Posted: 9:44 am  PT

 

 

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Trump Orders the Establishment of a National Vetting Center to “Identify Individuals Who Present a Threat”

Posted: 2:56 am ET

 

The Presidential Memorandum is titled “Optimizing the Use of Federal Government Information in Support of the National Vetting Enterprise”. On February 6, Trump ordered the establishment of an interagency National Vetting Center “to identify individuals who present a threat to national security, border security, homeland security, or public safety.”

Border and immigration security are essential to ensuring the safety, security, and prosperity of the United States. The Federal Government must improve the manner in which executive departments and agencies (agencies) coordinate and use intelligence and other information to identify individuals who present a threat to national security, border security, homeland security, or public safety. To achieve this goal, the United States Government must develop an integrated approach to use data held across national security components. I am, therefore, directing the establishment of a National Vetting Center (Center), subject to the oversight and guidance of a National Vetting Governance Board (Board), to coordinate the management and governance of the national vetting enterprise.

The National Vetting Governance Board will have the following composition:

The Board shall consist of six senior executives, one designated by each of the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Central Intelligence Agency.

The chair of the Board will be rotational:

The chair of the Board shall rotate annually among the individuals designated from the Department of State, the Department of Justice, the Department of Homeland Security, and the Office of the Director of National Intelligence.  The director of the Center shall serve as an observer at Board meetings.

More:

(a)  The Secretary of Homeland Security, in coordination with the Secretary of State, the Attorney General, and the Director of National Intelligence, shall establish the Center to support the national vetting enterprise.

(i)    The Center shall coordinate agency vetting efforts to identify individuals who present a threat to national security, border security, homeland security, or public safety.  Agencies may conduct any authorized border or immigration vetting activities through or with the Center.  Agencies may support these additional activities, provided that such support is consistent with applicable law and the policies and procedures described in subsections (b) and (d) of this section.

(ii)   The Secretary of Homeland Security shall designate a full‑time senior officer or employee of the Department of Homeland Security to serve as the director of the Center.  The Secretary of State and the Attorney General shall detail or assign senior officials from their respective agencies to serve as deputy directors of the Center.

(iii)  The director shall lead the day-to-day operations of the Center, communicate vetting needs and priorities to other agencies engaged in the national vetting enterprise, and make resourcing recommendations to the Board established pursuant to subsection (e) of this section.

(iv)   Agencies shall provide to the Center access to relevant biographic, biometric, and related derogatory information for its use to the extent permitted by and consistent with applicable law and policy, including the responsibility to protect sources and methods.  Agencies and the Center shall, on a consensus basis, determine the most appropriate means or methods to provide access to this information to the Center.

(v)    The Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Central Intelligence Agency shall, on a continuing basis, work together to ensure, consistent with the authorities and available resources of each official’s respective agency, that the daily operations and functions of the Center, as determined by the Board, are supported, including through the assignment of legal and other appropriate personnel, and the provision of other necessary resources, consistent with applicable law, including the Economy Act (31 U.S.C. 1535).  To the extent permitted by law, details or assignments to the Center should be without reimbursement.

(vi)   The day-to-day operations of the Center shall be executed by appropriate personnel from agencies participating in the national vetting enterprise, to the extent permitted by law, in a manner that adequately facilitates active and timely coordination and collaboration in the execution of the Center’s functions.  Agencies shall participate in the Center and shall provide adequate physical presence to enable the Center to effectively accomplish its mission.  To the extent appropriate, additional agency co-location may be virtual rather than physical.  Each agency shall fund its participation in the Center, consistent with the agency’s mission and applicable law.  There shall be no interagency financing of the Center.

(vii)  The Center shall not commence operations until the President has approved the implementation plan described in subsection (g) of this section.

Deliverable:

Within 180 days of the date of this memorandum, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Central Intelligence Agency, in coordination with the Director of the Office of Management and Budget, shall, through the Assistant to the President for Homeland Security and Counterterrorism and using the NSPM‑4 process, jointly submit to the President for approval a plan to implement this memorandum.

Read the full memorandum here.

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Nambia Bites Back: Come Visit “Sh*thole Namibia” With Over 300 Days of Sunshine

Posted: 2:49 am ET

 

VPOTUS is on overseas travel, and during his interview with The Associated Press, the poor man defended President Trump over his recent comments “disparaging immigration from Africa and Haiti, telling the AP that the president’s “heart” is aimed at a merit-based system that is blind to immigrants’ “race or creed.”

In Haiti, Reuters reported that about a couple thousand people took to the streets of Port-Au-Prince, the capital and most populous city in the country to protest comments attributed to the U.S. President about the nation being a “shithole” country. Early Monday morning, the US Embassy in Haiti announced that it was expecting a large protests outside the embassy. “Please limit your coming and going to/from the Embassy during this time. If the protest is large and/or violent, U.S. Embassy employees will be expected to shelter in place. No one will be able to enter or depart during this time and anyone outside of the Embassy will be directed to shelter in place at an offsite location.”

Meanwhile, a tour agency in Namibia has turned Donald Trump’s slur into a sales pitch.

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