Govind Tekale
Federal agencies are under scrutiny after displaying politically charged messages about the ongoing government shutdown on their official websites. The Center for Biological Diversity filed formal Hatch Act complaints against the U.S. Forest Service and Department of Health and Human Services (HHS) for using partisan language that blames Democrats for the shutdown.
The Forest Service’s website prominently displays a banner stating “The Radical Left Democrats shut down the government,” while HHS describes the situation as a “Democrat-led government shutdown” on its homepage. These messages appear throughout the websites, including, ironically, on a Forest Service page informing employees about their responsibilities under the Hatch Act.
The Hatch Act, passed in 1939, prohibits federal employees from engaging in partisan political activities while on duty or using government resources. The law aims to maintain a politically neutral federal workforce and prevents taxpayer funds from being used for partisan purposes.
“Trump’s political appointees are so desperate for his approval, they’re willing to blatantly violate the law for a pat on the head,” said Stephanie Kurose, deputy director of government affairs at the Center for Biological Diversity. “Trump has turned government websites into campaign billboards. This isn’t public service, it’s Trump fan fiction.”
These are not isolated incidents. Similar language has appeared on websites and in automated messages across multiple federal agencies, including the Small Business Administration, Department of Housing and Urban Development (HUD), and Department of Education. The nonprofit organization Public Citizen has filed nine separate Hatch Act complaints against various agencies for similar violations in just the first three days of the shutdown.
A federal employee union has also sued the Department of Education over altered out-of-office messages sent on behalf of furloughed workers that blame Democrats for the shutdown. NBC reported that five department employees had created nonpartisan out-of-office messages that were later changed without permission to include partisan language.
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The Trump administration has denied that the banners violate the Hatch Act. White House spokeswoman Abigail Jackson stated, “It’s an objective fact that Democrats are responsible for the government shutdown, the Trump administration is simply sharing the truth with the American people.”
Normally, the Office of Special Counsel (OSC), an independent federal agency, would investigate these complaints. However, the OSC’s website currently states the office is closed “due to a lapse in appropriations” – creating an unusual situation where the agency responsible for investigating Hatch Act violations during the shutdown is itself shut down.
Violations of the Hatch Act can result in serious penalties, including removal from federal employment, reduction in grade, debarment from federal service for up to five years, suspension, letter of reprimand, or civil penalties. For high-level political appointees, however, enforcement has historically been handled differently, with violations typically referred to the president for disciplinary action rather than to independent adjudicators.
Legal experts remain divided on whether these specific communications definitively violate the Hatch Act, but many agree they represent ethical concerns for agencies meant to operate without political bias.
“Trump has created the conditions for his own impunity,” Kurose noted. “As long as he keeps the government shut down, Trump can break the law without oversight.”
The controversy highlights ongoing tensions about maintaining political neutrality in government communications during partisan disputes like the current shutdown. As these complaints move forward, they may establish new precedents for how federal agencies communicate during politically charged situations.
