Office of Special Counsel confirms that Trump can deliver convention language from the White House


The letter from Erica Hamrick, the deputy head of the US Hatch Act Unit, comes in response to a request from Rep. Carolyn Maloney, a New York Democrat who chairs the House Oversight Committee, for an advisory opinion to Trump earlier this month floated the idea of ​​delivering his speech and accepting the Republican nomination based on the White House . The letter was made public in a news release from rep. James Comer, a Kentucky Republican who is a member of the commission.

“The president and vice president are not bound by any of the provisions of the Hatch Act. Under the Hatch Act, President Trump does not prohibit his RNC acceptance speech on the grounds of the White House,” Hamrick wrote.

“However, White House staff are provided with the Hatch Act so that there can be implications for the Hatch Act for those employees, depending on their level of involvement in the event and their position in the White House.”

Trump first dismissed the idea of ​​a White House speech in an interview with “Fox and Friends” earlier this month, saying, “Well, we think about it. It would be easiest from a security standpoint.”

“We’re thinking about doing it out of the White House because there’s no movement. It’s easy, and I think it’s a wonderful setting and we’re thinking about it,” he continued. “It’s definitely one of the alternatives. It’s the easiest alternative, I think it’s a wonderful alternative.”

The president later tweeted that he had limited his location to either the White House or the site of the Battle of Gettysburg in 1863 in Pennsylvania.

And although the president and vice president are exempt from the Hatch Act – a federal law that generally prohibits the use of government property for political activities – some former officials have sought to restrict political activity in the White House, for example by hold political events somewhere other than in the residence of the presidency.

“This is an open action of the campaign,” Kedric Payne, general counsel and former director of ethics at the Campaign Legal Center, told CNN last week about Trump’s proposal. “He drove the line with statement about Biden at events in the White House. This is off the line.”

Hamrick writes that “it is not possible to provide an exhaustive list of permitted or prohibited activities”, but cites White House staffers at the RNC event as an example of a violation of the Hatch Act.

“They would also not be able to attend the event while on duty. However, if the employees say goodbye, and the event is being held on the lawn of the White House or during the stay, the Hatch Act would not prohibit employees from doing so. to attend the event. “

Still, White House Chief of Staff Mark Meadows said he would prefer Trump to give his speech “miles and miles away” from the White House.

“Those decisions are still in flux, but I can tell you what I’m advocating for miles and miles away from here,” Meadows said, referring to the White House complex in an interview broadcast on Gray TV’s “Full Court Press with Greta Van Susteren “Sunday morning.

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