CREW sues OSC to hold Kellyanne Conway accountable to the Hatch Act
Following CREW complaints in March 2018 and June 2019, the Office of Special Counsel (OSC) investigated and determined that Counselor to the President Kellyanne Conway had violated the Hatch Act multiple times. In June 2019, OSC found that her violations were so egregious that they warranted her removal from federal service. The Hatch Act prohibits federal employees from engaging in partisan political activities in their official role. Conway has violated the Hatch Act over 60 times now, according to CREW’s research.
To enforce these findings, OSC should have filed a complaint with the Merit Systems Protection Board (MSPB) which could take the disciplinary actions recommended by OSC. But instead of filing the complaint, OSC sent its report and disciplinary recommendation to Trump who swiftly rejected them. Both Trump and Conway have since publicly mocked the Hatch Act, and Conway continues to violate it frequently.
CREW is suing OSC to file a complaint with MSPB against Conway based on her violations of the Hatch Act.
Since Trump has demonstrated no interest in enforcing this ethics law against senior administration officials, a federal judge should order OSC to file a MSPB complaint against Conway to enforce the Hatch Act. OSC’s failure to file the MSPB complaint violates the law and hinders CREW’s ability to hold public officials like Conway accountable for ethical and legal violations.
ComplaintDec 17, 2019
Defendant's Motion to DismissApr 20, 2020
Plaintiff's Memorandum in Opposition to DefendantMay 22, 2020 - Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss
Reply In Support of Defendant's Motion to DismissJun 22, 2020 - Reply In Support of Defendant's Motion to Dismiss
Memorandum OpinionAug 6, 2020