Is TSA-aimed video of Kristi Noem blaming Dems for shutdown a Hatch Act violation?
In the midst of a video of Homeland Security Secretary Kristi Noem blaming Democrats for the federal government shutdown being displayed at several airports, including the Detroit Metro Airport, some lawmakers are claiming it's a violation of the Hatch Act.
In a letter to DHS, a group of Democratic senators called for the department to remove the video from all TSA checkpoints. The letter was signed by 17 senators, including Michigan Sen. Gary Peters.
In a statement, Peters said:
"This video is just the latest example of the Trump Administration illegally using tax dollars to engage in partisan political messaging. As Ranking Member of the Senate Homeland Security and Governmental Affairs Committee and a member of the Senate Appropriations Committee, it's my responsibility to ensure that funding allocated to the Department of Homeland Security is being used in compliance with the law. That's why I joined my colleagues in demanding that Secretary Noem immediately remove this blatantly partisan video from every Transportation Security Administration checkpoint."
The Hatch Act dates back to 1939, and it was conceived in part to avoid partisan messaging from federal agencies and employees.
Jeffrey Swartz, professor emeritus at Cooley Law School in Lansing, says he is in agreement with the senators who wrote the letter.
When asked if Noem could be prosecuted for the alleged violation, Swartz said, "Nobody has ever really been prosecuted for that." Swartz did say this is not the first time someone in President Trump's administration was accused of violating the Hatch Act.
Most recently, nonprofit consumer advocacy group Public Citizen filed a complaint with the U.S. Office of Special Counsel alleging that a banner on the U.S. Department of Housing and Urban Development's website was a "blatant violation" of the Hatch Act.
"People have been fired from other administrations for that because of political pressure. But there's no political pressure on Kristi Noem not to do these things. In fact, there's more pressure on her to do it," said Swartz.
Meanwhile, many Republicans, including President Trump, have remained silent on the top of the Hatch Act since the video was released.
Outside of Detroit, the airports in Grand Rapids, Lansing and Flint say they have opted not to show travelers the video. On Wednesday, the Wayne County Authority requested that TSA stop displaying the video at the Detroit Metro Airport.