An independent government investigative agency said on Tuesday that senior counselor to the president Kellyanne Conway twice violated a federal law prohibiting government employees from engaging in political activities.

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The Office of Special Counsel (OSC), which is in not affiliated with special counsel Robert Mueller's Russia investigation, announced Tuesday that Conway violated the Hatch Act in two television interviews.

"In the first interview, Conway advocated against one Senate candidate and gave an implied endorsement of another candidate," the OSC said in a statement following its investigation. "In the second interview, she advocated for the defeat of one Senate candidate and the election of another candidate."

The interviews occurred last November and December when President Donald Trump came out in support of Judge Roy Moore in Alabama's U.S. Senate special election. Conway appeared in her official capacity as counselor to the president on both "Fox and Friends" and CNN's "New Day" and "discussed why voters should support" Moore over his Democratic opponent Doug Jones, the OSC said.

“Ms. Conway’s statements during the Fox & Friends and New Day interviews impermissibly mixed official government business with political views about candidates in the Alabama special election for U.S. Senate,” according to the OSC.

"Doug Jones in Alabama, folks don’t be fooled," Conway said during her "Fox and Friends" interview. "He’ll be a vote against tax cuts. He’s weak on crime, weak on borders. He’s strong on raising your taxes. He’s terrible for property owners. And Doug Jones is a doctrinaire liberal, which is why he’s not saying anything and why the media are trying to boost him."

The OSC says it has referred its report to President Trump, but the White House quickly disputed the OSC finding, making it unlikely Conway will face any serious discipline.

“Kellyanne Conway did not advocate for or against the election of any particular candidate. She simply expressed the President’s obvious position that he have people in the House and Senate who support his agenda," deputy press Secretary Hogan Gidley said in a statement. "In fact, Kellyanne’s statements actually show her intention and desire to comply with the Hatch Act – as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican.”

Rep. Elijah Cummings, the top Democrat on the House Oversight Committee, wants the president to take disciplinary action against Conway.

“This is not the first time that an independent government agency has recommended that the White House discipline Kellyanne Conway for breaking the law. Ms. Conway has received multiple trainings and warnings, yet she still refuses to follow basic ethics rules. The President must take swift and serious disciplinary action against Ms. Conway. Anything else sets a terrible example.”

The report from the OSC claims the office gave her ample opportunity to respond to their report, which included a commitment from the White House counsel’s office that it said Conway never followed through on.

The report also details how Conway was briefed in some manner at least five separate times on the Hatch Act and the consequences for violating it.

According to the OSC's website, the Hatch Act dates back to 1939, and is intended "to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation." There are a few exceptions to the rule, including the president, vice president and some other federal employees.

In early 2017 Conway was similarly found to have violated federal ethics rules in an appearance on "Fox and Friends" when she urged viewers to purchase items from Ivanka Trump's clothing line. A report from the Office of Government Ethics was then referred to the president, but no significant disciplinary action was taken as a response.

Conway is also not the first Trump White House official to be found in violation of the Hatch Act. Social media director Dan Scavino was issued a warning by the OSC after writing a tweet from his personal verified account against Rep. Justin Amash, R-Mich., calling for his defeat in a primary.

ABC News' Benjamin Siegel contributed to this report.</s>On at least two occasions last year, Kellyanne Conway, a close White House aide to President Donald Trump, violated a law that prohibits government employees from engaging in political campaigns, according to a report published Tuesday by the U.S. Office of Special Counsel.

In a letter to Trump, OSC special counsel Henry Kerner said Conway violated the Hatch Act in two television interviews granted in her “official capacity” in November and December. Kerner wrote that Conway “impermissibly mixed official government business with political views about candidates in the Alabama special election.”

The OSC, which is unrelated to an ongoing investigation by special counsel Robert Mueller, recommended that the president take “disciplinary action” against Conway for ethics violations.

The White House did not immediately respond to a request for comment.

In a statement to NBC News, however, the White House denied that Conway had broken any laws and claimed that her on-air comments “actually show her intention and desire to comply with the Hatch Act ― as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican.”

The OSC’s report concerns interviews Conway gave to Fox News’ “Fox & Friends” and CNN’s “New Day” in November and December, respectively. Conway delivered both interviews from the grounds of the White House and was introduced as “counselor to President Trump.”

During the interviews, Conway discussed Alabama’s special election for U.S. Senate and expressed support for then-candidate Republican Roy Moore.

Moore, a former judge, ran against Democrat Doug Jones, who ultimately won the election as Moore faced allegations of child molestation.</s>An investigation by the Office of the Special Counsel (OSC) found that White House aide and spokesperson Kellyanne Conway violated the Hatch Act on two separate occasions by "advocating for and against candidates" during the Alabama Senate special election campaign in December 2017.

The Hatch Act bars federal employees from using their government positions to sway an election in favor of or against a particular candidate in any election.

The OSC, lead by Henry Kerner, is a separate institution from special counsel Robert Mueller's probe into Russian meddling in the 2016 U.S. presidential election. OSC is an independent federal investigative and prosecutorial agency that investigates complaints about Hatch Act violations and other prohibited personnel practices (PPPs).

In Conway's case, the OSC found that "she impermissibly mixed official government business with political views about candidates in the Alabama special election," according to a statement addressed to President Trump that Kerner released Tuesday.

With the report, the OSC called on Mr. Trump to deliver "appropriate disciplinary action" for Conway.

"Ms. Conway was aware of the Hatch Act's prohibitions when she chose during both interviews to repeatedly identify reasons why voters should support one candidate over another in the Alabama special election," the document reads.

The OSC references two interviews Conway gave: one on CNN's "New Day," and the other on Fox News' "Fox & Friends."

"Doug Jones in Alabama, folks, don't be fooled," Conway said of the Democratic candidate in the Fox News interview on Nov. 20, speaking from the White House grounds. "He will be a vote against tax cuts. He is weak on crime. Weak on borders. He is strong on raising your taxes. He is terrible for property owners."

She again denounced Jones in favor of the Republican candidate Roy Moore during her Dec. 6 CNN interview.

"[T]he only endorsement that's mattered in the Alabama race … is the president's, because after he came out against Doug Jones -- and none of you seem to want to say those nine letters -- Doug Jones -- that God forbid people find out who he is and who he would be in the Senate, so the president had to go out and do it for you," Conway said.

"Kellyanne Conway did not advocate for or against the election of any particular candidate," he said in a statement. "She simply expressed the President's obvious position that he have people in the House and Senate who support his agenda. In fact, Kellyanne's statements actually show her intention and desire to comply with the Hatch Act -- as she twice declined to respond to the host's specific invitation to encourage Alabamans to vote for the Republican."</s>Kellyanne Conway, a top advisor to President Donald Trump, violated the federal law prohibiting some political activity by high-level officials with her comments in two television interviews about the special election for a Senate seat from Alabama, the U.S. Office of Special Counsel said Tuesday.

That investigatory office said it has sent its report on Conway's actions to Trump for "appropriate disciplinary action."

But the White House quickly disputed the report's findings on Conway's so-called Hatch Act violations.

The report said that in her two TV interviews, "Conway appeared in her official capacity" and in one case "advocated against one Senate candidate and gave an implied endorsement of another candidate."

"In the second interview, she advocated for the defeat of one Senate candidate and the election of another candidate," according to the office, which is a permanent independent federal investigative and prosecutorial agency.

"Both instances constituted prohibited political activity under the Hatch Act and occurred after Conway received significant training on Hatch Act prohibitions," according to the report from the office.

The agency is not connected to the office of special counsel Robert Mueller, who was appointed by the Justice Department to investigate Russian interference in the 2016 presidential election.

The OSC said it gave Conway the opportunity to respond to the allegations and to its findings, but she did not.

White House spokesman Hogan Gidley said in response to the report: "Kellyanne Conway did not advocate for or against the election of any particular candidate. She simply expressed the President's obvious position that he have people in the House and Senate who support his agenda."

"In fact, Kellyanne's statements actually show her intention and desire to comply with the Hatch Act – as she twice declined to respond to the host's specific invitation to encourage Alabamans to vote for the Republican," Gidley said.

The OSC noted that federal employees, including employees designated as "commissioned officers" in the White House, are subject to the restrictions set by the Hatch Act.

"While commissioned officers may engage in some political activity, they are still barred from using their official authority or influence to interfere with or affect elections," the office said. "Although the President and Vice President are exempt from the Hatch Act, their employees are not."

The office said that on Nov. 20, Conway appeared in her official capacity on Fox News' "Fox & Friends" "and discussed why voters should not support Democrat Doug Jones in the Alabama special election for U.S. Senate."

"On December 6, 2017, Conway appeared in her official capacity on CNN's New Day and discussed why voters should support Republican Roy Moore and not Democrat Doug Jones in the Alabama special election for U.S. Senate," the office said.

"While the Hatch Act allows federal employees to express their views about candidates and political issues as private citizens, it restricts employees from using their official government positions for partisan political purposes, including by trying to influence partisan elections," the report says.

"In passing this law, Congress intended to promote public confidence in the Executive branch by ensuring the federal government is working for all Americans without regard to their political views," the office said.

This isn't the first time Conway has been formally cited for using her official position to make an endorsement that she is not allowed to, by law.

In February 2017, less than a month into Trump's presidency, Conway responded to the news of retailers cutting ties with Ivanka Trump's clothing line by saying on Fox News, "Go buy Ivanka's stuff is what I would tell you. It's a wonderful line. I own some of it. I'm going to give a free commercial here. Go buy it today, everybody."

Rules from the Office of Government Ethics generally prohibit executive branch employees from endorsing products in their official capacities as White House representatives.

Conway was appearing on TV in her official capacity, so she violated that rule.

After members of Congress complained, the White House Office of Legal Counsel reported that lawyers had spoken to Conway twice after the appearance, to reiterate the rules and ensure that they were fully understood.

In a follow-up letter to Congress, then White House deputy counsel Stefan Passantino wrote that after speaking to Conway, "We concluded that Ms. Conway acted inadvertently and is highly unlikely to do so again."</s>The US Office of Special Counsel announced Tuesday that White House aide Kellyanne Conway violated the Hatch Act on two occasions by “advocating for and against candidates” in last year’s Alabama Senate special election.

In a new report, the OSC special counsel, Henry Kerner, pointed to Conway’s TV interviews conducted in her “official capacity” in November and December of last year. The agency said Conway “impermissibly mixed official government business with political views about candidates in the Alabama special election.”

One of the two interviews was on CNN’s “New Day,” and the second was on Fox News’ “Fox & Friends.”

In a letter to President Donald Trump, Kerner said he is referring her violations for the President’s “consideration of appropriate disciplinary action.”

In a statement, White House deputy press secretary Hogan Gidley said Conway was expressing the President’s position for lawmakers who support the administration’s agenda.

“Kellyanne Conway did not advocate for or against the election of any particular candidate,” Gidley said. “She simply expressed the President’s obvious position that he have people in the House and Senate who support his agenda. In fact, Kellyanne’s statements actually show her intention and desire to comply with the Hatch Act — as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican.”

The announcement makes Conway the latest high-profile member of Trump’s team to face official criticism over violating the Hatch Act, a 1939 law prohibiting federal employees from using their official government capacity for partisan ends. Both White House social media director Dan Scavino and US ambassador to the UN Nikki Haley have received reprimands or warnings from OSC for political statements on their official social media accounts.

During the “Fox & Friends” interview November 20, Conway was introduced by the show’s hosts as a “counselor to President Trump” and spoke from White House grounds. She said about Democratic Senate candidate Doug Jones: “Folks, don’t be fooled. He’ll be a vote against tax cuts. He’s weak on crime, weak on borders. He’s strong on raising your taxes. He’s terrible for property owners.”

During the “New Day” interview December 6, Conway — again speaking from White House grounds and introduced by CNN anchor Chris Cuomo as “counselor to President Trump” — said among other things that Jones will be a reliable vote “for tax hikes,” “against border security,” “against national security,” “against the Second Amendment” and “against life,” according to the OSC report.

Conway went on to tell Cuomo that Jones is “out of step for Alabama voters, according to the President,” and that Trump “doesn’t want a liberal Democrat representing Alabama in the United States Senate.”

The Office of Special Counsel is unrelated to the investigation by special counsel Robert Mueller, and is an independent agency with purview of the Hatch Act.

Conway faced a similar situation last year, when she used a Fox News appearance in February to plug Ivanka Trump’s clothing line. The White House defended Conway at the time and said, “Upon completion of our inquiry, we concluded that Ms. Conway acted inadvertently and is highly unlikely to do so again.”

The Office of Government Ethics — then led by Walter Shaub who has since stepped down and joined the Campaign Legal Center as well as become a CNN contributor — said Conway’s statements were inappropriate and called on the White House to take disciplinary action.</s>WASHINGTON — A federal watchdog says White House counselor Kellyanne Conway violated the federal law prohibiting government officials from using their positions to influence political campaigns.

The Office of Special Counsel, which is unrelated to Robert Mueller’s office, says Conway violated the Hatch Act twice last year when she spoke out in support of Republican Roy Moore and against his Democratic rival, Sen. Doug Jones, in the Alabama Senate race.

“Ms. Conway, in her official capacity, attempted to influence the Alabama special election by advocating for the success and failure of candidates in that race,” the report stated. Her comments came in separate interviews with Fox News and CNN.

Special Counsel Henry Kerner sent his office’s findings to President Donald Trump on Tuesday “for appropriate disciplinary action.” Because she is a presidential appointee, it is up to Trump to decide what — if any — punishment she will receive.

 The White House disputed the independent agency’s findings.

“Kellyanne Conway did not advocate for or against the election of any particular candidate,” deputy press secretary Hogan Gidley said in a statement. “She simply expressed the President’s obvious position that he have people in the House and Senate who support his agenda.”

“In fact, Kellyanne’s statements actually show her intention and desire to comply with the Hatch Act – as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican,” Gidley added.

Career government officials found to have violated the Hatch Act can be fired, suspended or demoted, and fined up to $1,000.

Conway came under fire for violating a different ethics provision last year, when she pushed Trump supporters to purchase products sold under the Ivanka Trump brand. The White house told the Office of Government Ethics she was “highly unlikely” to do so again and that it was providing her with additional ethics training.

The report said Conway did not respond to multiple requests from the Office of Special Counsel to explain her comments.

In its response to the special counsel’s office, the White House argued that Conway’s job includes the role of providing “commentary” on Trump’s thinking, and that the unique circumstances of the Moore race need to be considered. Moore faced multiple allegations of sexual assault against teenagers, prompting Trump and the Republican National Committee to withdraw support, only to re-endorse Moore amid a contentious Senate debate on the GOP tax bill.

The Office of Special Counsel found that the White House reasoning “lacks merit,” adding that Conway’s comments went beyond commentary.

Walter Shaub, the former director of the Office of Government Ethics who is the senior director of the Campaign Legal Center, the nonpartisan group which filed the OSC complaints against Conway, called on Trump to take disciplinary action against her.

“The White House cannot continue to have one standard for the federal workforce generally and a lower standard for appointees who are close to this President,” Shaub said in a statement.</s>Kellyanne Conway, a top aide to President Donald Trump who quickly became a media fixture during the first year of his presidency, committed two violations of the Hatch Act while discussing the December Alabama special election, the United States Office of Special Counsel announced Tuesday.

In a letter to Trump, special counsel Henry Kerner wrote that Conway “impermissibly mixed official government business with political views about candidates in the Alabama special election.”

The Hatch Act prohibits federal employees from using their government positions to attempt to influence the result of an election.

According to Kerner, in interviews on cable news Conway twice bashed Sen. Doug Jones (D-Ala.) — who was then running for Attorney General Jeff Sessions’ former Senate seat — in the lead-up to December’s special election.

“Ms. Conway was aware of the Hatch Act’s prohibitions when she chose during both interviews to repeatedly identify reasons why voters should support one candidate over another in the Alabama special election,” Kerner wrote in the letter to Trump, adding that he was referring her to the president for “appropriate disciplinary action.”

One of the appearances was on Fox News in November. The other was on CNN in early December. In the Fox and Friends interview, she attacked Jones as “weak on crime, weak on borders” and “strong on raising your taxes.”

“He’s terrible for property owners,” Conway said on air. “And Doug Jones is a doctrinaire liberal, which is why he’s not saying anything and why the media are trying to boost him.”

In the Dec. 6 interview on CNN’s New Day, Conway’s statements about Jones were “portrayed as the president’s position,” according to Kerner, but “she was still providing voters with reasons to vote for Roy Moore and against Doug Jones.”

“Indeed, framing her responses to reflect the president’s position arguably served as an additional and more persuasive reason for voters to support Roy Moore and not Doug Jones,” the report states. “Therefore, her statements advocating for the defeat of Doug Jones and the election of Roy Moore constituted political activity under the Hatch Act.”

Walter Schaub, former director of the Office of Government Ethics, filed a complaint about Conway with the Office of the Special Counsel in December after the Fox News interview, in which she jabbed Jones from the White House lawn.

In a statement Tuesday, deputy press secretary Hogan Gidley dismissed Kerner’s report — which is unrelated to special counsel Robert Mueller’s Russia investigation — saying that Conway was merely reiterating Trump’s position on the race.

“Kellyanne Conway did not advocate for or against the election of any particular candidate,” Gidley said. “She simply expressed the president’s obvious position that he have people in the House and Senate who support his agenda.”

Trump publicly backed far-right Republican candidate Moore in the race — despite accusations of child molestation against the former judge. Jones ultimately defeated Moore in the special election, becoming the first Democrat to represent Alabama in the United States Senate in a quarter century.</s>The US Office of Special Counsel announced Tuesday that White House aide Kellyanne Conway violated the Hatch Act on two occasions by "advocating for and against candidates" in last year's Alabama Senate special election.

In a new report , the OSC special counsel, Henry Kerner, pointed to Conway's TV interviews conducted in her "official capacity" in November and December of last year. The agency said Conway "impermissibly mixed official government business with political views about candidates in the Alabama special election."

One of the two interviews was on CNN's "New Day," and the second was on Fox News' "Fox & Friends."

The White House did not immediately respond to a request for comment.

During the "Fox & Friends" interview November 20, Conway was introduced by the show's hosts as a "counselor to President Trump" and spoke from White House grounds. She said about Democratic Senate candidate Doug Jones: "Folks, don't be fooled. He'll be a vote against tax cuts. He's weak on crime, weak on borders. He's strong on raising your taxes. He's terrible for property owners." During the "New Day" interview December 6, Conway -- again speaking from White House grounds and introduced by CNN anchor Chris Cuomo as "counselor to President Trump" -- said among other things that Jones will be a reliable vote "for tax hikes," "against border security," "against national security," "against the Second Amendment" and "against life," according to the OSC report. Conway went on to tell Cuomo that Jones is "out of step for Alabama voters, according to the President," and that Trump "doesn't want a liberal Democrat representing Alabama in the United States Senate." The Office of Special Counsel is unrelated to the investigation by special counsel Robert Mueller.</s>WASHINGTON — A federal watchdog says White House counsellor Kellyanne Conway violated the federal law prohibiting government officials from using their positions to influence political campaigns.

The Office of Special Counsel, which is unrelated to Robert Mueller’s office, says Conway violated the Hatch Act twice last year when she advocated for Republican Roy Moore and against his Democratic rival, Sen. Doug Jones, in the Alabama’s Senate race.

Special Counsel Henry Kerner is sending his office’s findings to President Donald Trump Tuesday “for appropriate disciplinary action.” Trump will decide what — if any — punishment she will receive. The White House has not immediately commented on the report.

Conway came under fire for violating a different ethics provision last year, when she urged Trump supporters to purchase Ivanka Trump brand products.</s>WASHINGTON (Reuters) - Kellyanne Conway, one of President Donald Trump's top advisers, violated federal law in two televised interviews last year by using her White House position to weigh in on a political race, the U.S. Office of Special Counsel said on Tuesday.

In the interviews, one on Fox News Channel on Nov. 20 and another on Dec. 6 on CNN, Conway "impermissibly mixed official government business with political views about candidates in the Alabama special election," the independent investigative agency said in a report it submitted to Trump for "appropriate disciplinary action."

 

 (Reporting by Susan Heavey; Editing by Tim Ahmann)
The U.S. Office of Special Counsel says that Kellyanne Conway violated the Hatch Act of 1939 during two 2017 television interviews.