Saturday, December 1, 2018

Another Trump Attempt to Limit Free Speech

by Pa Rock
Citizen Journalist

The Hatch Act is an old piece of federal legislation that governs the types and amounts of political activity that federal government employees (or state employees working with the feds on particular projects) may engage in while on the job.  It is the Hatch Act that prevents supervisors, for instance, from showing up at an employee's desk and "suggesting" donations to a particular candidate in return for being able to keep their government jobs.  The Hatch Act also, as I understand it, prohibits federal government employees from displaying political bumper stickers on their cars if those same vehicles are used in service of the job and the government.

As a former federal government employee myself, I always had a certain amount of respect for the Hatch Act because it kept overzealous bosses (of which there are many at the federal level and in the military) sitting quietly at their desks during each election season.

Now, however, it looks as though the Trump organization is tuning up the Hatch Act in order to afford more protections to its glorious leader.  This week the Office of Special Counsel (a federal bureaucratic enclave that has nothing at all to do with Special Counsel Robert Mueller) which oversees the implementation of the Hatch Act, has issued a new set of guidelines that expand the scope of the original legislation.

The Office of Special Counsel that oversees the Hatch Act is headed by a Trump-appointee by the name of Henry Kerner.  This week Mr. Kerner's agency sent around an unsigned sheet of  questions and answers intended to further clarify the act for those it impacted.  Again, referring back to my recent decade working for the federal government, I have seen information sheets like that on numerous occasions.  They usually did more to incite and inflame that they did to explain.  Apparently this week's information sheet maintained that legacy of enraged confusion.

The new "Guidance Regarding Political Activity" centers on two specific words:  "impeachment" and "resistance."  The directive said that the following would be considered "political activity" and would be prohibited by the Hatch Act:

1.  Advocating for or against impeachment of a candidate for federal office;  and,
2.  Use of such terms as "resistance" and "#resist."
The new interpretation of the Hatch Act is being challenged by federal employee unions.  They fear it may scare off potential whistle-blowers, a long-standing, favorite target of the Trump administration.

I'm not a lawyer, nor have I played one on television, but it sounds to me like impeachment and resistance talk regarding Donald Trump may continue around the government water coolers for the time-being, at least, because as of today Trump is not a "candidate" for federal office - but the move to silence federal workers is ominous, nonetheless.

Can "loyalty oaths" be far behind?

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