The flurry of recent complaints against the Trump Administration are far from the first instances in which the President and his aides have come under fire for alleged Hatch Act violations.
An OSC report from 2021, for instance, found that in 2020, at least 13 senior Trump Administration officials violated the Hatch Act.
What is the penalty for a Hatch Act violation?
Following an investigation by the OSC, disciplinary measures for Hatch Act violations are determined by the Merit Systems Protection Board (MSPB), an independent judicial agency within the Executive branch. For Cabinet or senior officials, OSC refers its findings to the President, who determines disciplinary action.
“The potential of those consequences happening under this President are small because it is up to the President usually to hold members of the administration accountable when they violate the Hatch Act,” Payne says, noting that in some cases, officials may be required to only issue a public apology for their violation, or face no consequence at all.