Sen. Maria Cantwell, D-Wash., has asked the U.S. Office of Special Counsel to investigate Homeland Security Secretary Kristi Noem for what she described as "likely" violations of the Hatch Act.
Cantwell said Noem made a video blaming Democrats for the ongoing federal government shutdown, a move the senator argues may constitute prohibited political activity by a federal official.
The Hatch Act bars federal employees, including Cabinet secretaries, from engaging in political activity while performing their official duties.
In a letter to Acting Special Counsel Jamieson Greer, Cantwell cited the video, which she said aired "on televisions in public airports across the country" and "erroneously blames 'Democrats in Congress' for the current government shutdown's impact on airport 'operations' and for Transportation Security Administration … employees 'working without pay.'"
"This message is not just false; it appears to violate the prohibitions contained in the Hatch Act," Cantwell wrote.
According to Cantwell, reports indicate the Department of Homeland Security used taxpayer money and federal assets to produce and distribute the video, which features Noem speaking in front of an American flag and the official DHS insignia.
"When viewed in its totality, Secretary Noem's video can only be reasonably interpreted as a partisan message intended to misleadingly malign the Trump administration's political opponents, convince Americans to blame 'Democrats in Congress' for the ongoing government shutdown, and influence their future votes — all while omitting the fact that Republicans currently control the White House, U.S. Senate, and U.S. House of Representatives," Cantwell wrote.
TSA airport checkpoints often show a video with a welcome message from the Homeland Security secretary. Most often, they include references to travel safety and security measures.
Noem's new video begins with, "It is TSA's top priority to make sure that you have the most pleasant and efficient airport experience as possible."
Noem then moves to the government budget standoff, "However, Democrats in Congress refuse to fund the federal government, and because of this, many of our operations are impacted."
She added, "We will continue to do all that we can to avoid delays that will impact your travel. And our hope is that Democrats will soon recognize the importance of opening the government."
Several major airports, including Seattle-Tacoma International Airport, Chicago's O'Hare International Airport, and New York's John F. Kennedy International Airport, have declined to show the video near passenger screening areas, citing concerns it may violate the Hatch Act.
Cantwell ended her letter with, "As the independent agency responsible for enforcing the Hatch Act, I urge you to investigate this matter immediately."
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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