Jean-Pierre on the Hatch Act Finding: 'I Would Strongly Disagree With That Statement' (June 23, 2023)

In June 2023, the U.S. Office of Special Counsel, the independent agency that enforces the Hatch Act, found that White House Press Secretary Karine Jean-Pierre had violated the law before the 2022 midterm elections by repeatedly referring to “MAGA Republicans” from the briefing room podium [3][4]. The office issued a warning rather than seeking discipline. Ten days later, on June 23, a reporter asked her why the White House kept using the term anyway. This video shows her answer. Quotes are from the official transcripts published by the American Presidency Project [1][2].

Key Moments

”Your own interpretation of the law”

“There was a lot of discussion last week around the Hatch Act and use of — of the term ‘MAGA,’” the reporter said. “Despite the Office of Special Counsel’s opinion on the matter, your office has continued to put out paper using that phrase. … So why, in this case, are you going with your own interpretation of the law rather than the independent Office of the Special Counsel?” “Oh, I wouldn’t say it’s our own interpretation of the law. I would strongly disagree with that statement,” Jean-Pierre said. “The White House Counsel’s Office is reviewing, as I mentioned last week, OC — OSC’s opinion and having a routine dialogue with them” [1].

”Mick Mulvaney”

She argued that the term had been used in official settings before: “OSC has said that they view terms like ‘Tea Party’ as acceptable, and this is a similar phrase. … In fact, OSC itself stated that ‘MAGA’ could be used for official purposes during the Trump administration and permitted Mick Mulvaney to repeatedly use the term in his official capacity. So congressional Republicans has also used the term … to discuss their own agendas, their own proposals, their own policies. And so, we have used the term ‘MAGA’ in an official capacity” [1].

Ten days earlier: “It is retroactive”

At her June 13 briefing, the first after the finding became public, Jean-Pierre said: “we do everything that we can to uphold, certainly, the Hatch Act and take the law very seriously.” She noted that the archived Trump White House website “contains about 2,000 — nearly 2,000 uses of ‘MAGA’ to describe policies and official agendas,” and said the special counsel’s opinion “occurred months after the briefing where I made those comments. So, basically, it is retroactive, right?” “We did not know their opinion when we were able to use — to — we were be- — when we — when we were given the green light to actually say the comments that I made,” she said [2].

Background: What the Special Counsel Found

According to the special counsel’s letter, Jean-Pierre “made those references to generate opposition to Republican candidates,” and “accordingly, making the references constituted political activity,” the Associated Press reported [3]. “Because Ms. Jean-Pierre made the statements while acting in her official capacity, she violated the Hatch Act prohibition against using her official authority or influence for the purpose of interfering with or affecting the result of an election,” the letter said [4]. A separate memo from the office stated: “MAGA remains the campaign slogan of a current candidate for partisan political office, and therefore, its use constitutes political activity. Accordingly, federal employees should not use ‘MAGA’ or ‘Make America Great Again’ while on duty, in the workplace, or when acting in their official capacity” [4]. The complaint had been filed by a conservative group, Protect the Public’s Trust [3].

Fact Check

“We do everything that we can to uphold … the Hatch Act.” The special counsel found that she had not, in the case of her pre-midterm “MAGA Republicans” remarks [3][4].
“Retroactive” and “given the green light.” Partly supported. The special counsel’s letter acknowledged that “the White House Counsel’s Office did not at the time believe that Ms. Jean-Pierre’s remarks were prohibited,” NPR reported, and the office issued only a warning [5]. But the Hatch Act itself predated her remarks; the finding applied an existing law to them.
“I wouldn’t say it’s our own interpretation of the law.” The special counsel had stated that federal employees “should not use ‘MAGA’” in an official capacity; the White House continued to use the term while its counsel’s office reviewed that opinion, which is the disagreement the reporter was describing [1][4].
Context. Hatch Act warnings were far more common in the previous administration: the special counsel “sent an ‘unprecedented’ 15 warning letters to senior Trump administration officials” and recommended the firing of adviser Kellyanne Conway, the AP reported [3]. Jean-Pierre’s claim about Mick Mulvaney could not be verified from the sources reviewed for this page.

For other statements by Jean-Pierre that the record contradicted, see our article on her “$70 per gallon” mistake and other statements of hers that proved wrong.

What Happened Next

No penalty: Penalties for Hatch Act violations are uncommon, and the special counsel “did not recommend any fines or other punishments for Jean-Pierre,” the AP reported [3].
Her own use of the law: At the June 26 briefing, asked about Florida Gov. Ron DeSantis, a 2024 candidate, Jean-Pierre said: “I’m going to be careful because, yes, he’s the governor, but he’s also a candidate, so I’m bound by the Hatch Act” [6].