Each day, almost, when Congress is in session the
members leave their government offices to go across the street to another
office. The Democratic and the Republican parties maintain boiler rooms from
which the Members can dial for dollars. They do this because it is against the
law to beg for money on government property. Actually, it is against the law
for any government official, except the President and VP to do anything
political on government property. Wow! Really?
Whole bunches
of people were up in arms about the degree to which the Republican Convention
violated the Hatch Act. Forget the rhetoric, the campaign signs, the political
posters. The Hatch Act generally prohibits
Federal employees from engaging in political activities while on duty, in a
Government room or building, while wearing an official uniform, or while using
a Government vehicle.[i]
Even presidents are expected to make money calls from the residence, not the
Oval Office.
The use of Fort McHenry for Vice President Pence’s
acceptance speech was against the law. Government officials who attended a
political event on government property likely were breaking the law.
The President’s acceptance speech at the White House was spectacular. His team really knows how to put on a show; flags everywhere,
Jumbotron screens, bands, orations, and Puccini’s Nessun Dorma sung from the
balcony – “Vincero” “I will win.” The evening’s showmanship far exceeded the
lack of pomp at the Democratic convention. It was a spectacular evening, it was
spectacularly illegal and it was spectacularly offensive.
On Tuesday of this week, a reporter asked Mark
Meadows, the President’s Chief of Staff, about the violations of the Hatch Act
during the convention. “Nobody outside the Beltway really cares” was his reply.
Well, some do care. The White House belongs to the people; it is not a prop for
a political convention. Fort McHenry is a sacred place where men fought and
died for our freedom. It is not a political prop.
More than 1,500 people attended the President’s
acceptance speech on the lawn of the White House, one of the largest gatherings
in the country during the pandemic. People were shoulder to shoulder and less
than a dozen were seen on TV wearing masks. That is not illegal, but certainly
a violation of the recommended behavior required to stem the pandemic. I
suppose nobody outside the Beltway cares about that either.
Why does this matter? The list is long, but a broad
generalization will suffice. The Hatch Act makes these events illegal; illegal
to hold and illegal for government officials to attend, including Cabinet
members, police and firefighters in uniform, military in uniform, and illegal
for the use of government funds to support a political event. It also matters
because these are our buildings. The 18 acres of grounds and the White House
have been held non-political for our history. The White House is not the
property of the Democratic Party or the Republican Party. Our country is held
together by institutions and values. The non-partisan nature of the White House
is one of those institutions. It may be a generation before we will again see
it as the People’s Home.