White House Press Secretary Karine Jean-Pierre has been accused of hiding behind an obscure law to avoid press questions. Ms Jean-Pierre invoked the Hatch Act 33 times when appearing at daily press briefings since September. The Hatch Act is a New Deal regulation that limits the political activities of federal employees bar President Joe Biden and Vice President Kamala Harris.
Members of the White House press corp have expressed frustration at Ms Jean-Pierre repeatedly stating she is “covered by the Hatch Act” to avoid addressing key questions from reporters, including ones about President Biden’s own health.
But former White House ethics lawyer Robert Painter insisted probing the president’s medical records in light of his potential bid for re-election is a legitimate effort and is not covered by the Hatch Act.
Mr Painter said: “It sounds like she’s overly broad in her application of the Hatch Act. It’s just that she doesn’t want to answer a question on the president’s medical records.
“When you look at the Hatch Act, she can’t use her official position to promote his campaign or to attack an opponent.”
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Ms Jean-Pierre invoked the Hatch Act most recently in December when she was asked about President Biden’s visit to Georgia ahead of the Senate run-off and whether he would release the results of a planned physical examination.
Mr Biden has sparked concerns because of several instances in which he appeared to be struggling with his speech or his surroundings.
The President has suffered from a stutter since childhood and he has spoken candidly about struggling to speak at times of heightened tension or pressure.
But his detractors have also questioned incidents during which the US leader appeared to ask staff for instructions about where to go after delivering a speech.
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Ms Jean-Pierre’s widespread application of the Hatch Act however appears to be fuelled by an abundance of caution after her predecessor, Jan Psaki, was found to have violated the terms of the Act during a press briefing.
In October 2021, Ms Psaki appeared to endorse former Virginia Governor Terry McAuliffe in the gubernatorial race due to be held the following month.
Delaney Marsco, a senior legal counsel at the government watchdog group Campaign Legal Center, noted Mr Biden’s Press Secretary was correct in exercising caution with the topics addressed during the daily briefing.
Mr Marsco told Fox News: “Questions related to campaign issues are not necessarily ‘off the table,’ but an employee must take into account all the circumstances of the situation at hand to determine whether answering a question would constitute political activity.
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“To me, it makes sense that Karine Jean-Pierre is being careful when she weighs in on things that could be construed as political activity.”
White House assistant press secretary Robyn Patterson insisted: “This White House believes in the rule of law, and we’ll continue to provide information to members of the media while working within the bounds of federal statutes.
“More broadly, when it comes to political campaigns and other political activity, we generally will continue to refer you to the DNC and relevant campaigns.
“If reporters have an issue with the Hatch Act, they have every right to petition their members of Congress to push for changes to the law.”
