Did Kellyanne Conway Break The Law At The White House?

Kellyanne Conway, a former senior counsellor to President Donald Trump, has been accused of breaking the law on several occasions. One notable incident took place on the steps of the White House, where she endorsed Ivanka Trump's product line during a TV interview, saying, Go buy Ivanka's stuff. This appeared to violate federal ethics law, which prohibits the use of public office for private gain or product endorsement. Conway faced strong backlash and was accused of exploiting her position for personal gain. The White House distanced itself from her comments, and she was criticised by both the media and members of Congress.

Kellyanne Conway's endorsement of Ivanka Trump's products on TV

On February 9, 2017, Kellyanne Conway, senior counsellor to President Donald Trump, appeared on Fox & Friends to discuss department store Nordstrom's decision to stop selling products supplied by Ivanka Trump's business. Conway encouraged viewers to "go buy Ivanka's stuff" and said she would be buying some herself that day. She also described the product line as "wonderful" and said she would be giving a "free commercial" for it.

Conway's remarks were criticised by ethics experts as a violation of federal ethics laws and as free advertising for Ivanka Trump's fashion line. The White House distanced itself from Conway's comments, saying that she had been counselled on the matter.

The controversy sparked debate about the ethics of using public office for private gain and the potential conflict of interest for the Trump administration regarding the business interests of the President and his family.

May Have Broken the Law

Conway's endorsement of Ivanka Trump's products on TV may have broken the law. Larry Noble, the general counsel for the Campaign Legal Center, a nonpartisan organisation based in Washington, DC, suggested that Conway had violated the ban on federal employees using their public office for product endorsement. He cited the statute 5 CFR 2635.702, which addresses the "use of public office for private gain".

Under federal law, it is illegal for federal employees to use their public office for private gain or for the endorsement of any product, service, or enterprise. This includes the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity.

Reactions and Responses

The White House's response to the situation was notable for its departure from the administration's usual defensive stance towards controversial statements made by its members. While the White House did not offer a critique or defence of Conway's comments, it did confirm that she had been counselled on the matter.

The incident also drew bipartisan Congressional condemnation. Republican House Oversight Committee chair, Rep Jason Chaffetz, described Conway's remarks as "clearly over the line, unacceptable". Democrat Elijah Cummings, the committee's ranking member, called them "jaw-dropping". Both Chaffetz and Cummings wrote to the Office of Government Ethics (OGE) requesting an investigation and suggested disciplinary action.

In addition, the watchdog group Citizens for Responsibility and Ethics in Washington called for an investigation into Conway's actions, expressing concern about the use of official offices to benefit business interests associated with the President and his family.

A Pattern of Controversy

This incident was not an isolated event for Conway, who gained a reputation for being gaffe-prone during her time in the White House. Prior to this incident, she had made controversial statements about a range of issues, including the "Bowling Green massacre", which never occurred. She had also been accused of ethical violations, such as using her position to influence the Roy Moore vote in the Alabama Senate race.

Conway's comments on Doug Jones, a candidate in the 2017 Alabama Senate race

In November 2017, former White House ethics chiefs called for Kellyanne Conway to be fired for weighing in on the Alabama Senate race. Conway had attacked Doug Jones, the Democratic opponent of Republican candidate Roy Moore, on television. Moore was accused of pursuing underage girls while he was in his 30s and working as an assistant district attorney in Alabama.

Conway's comments about Jones were as follows:

> "Doug Jones in Alabama, folks, don't be fooled. 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... I just want everybody to know, Doug Jones, nobody ever says his name, and pretends he is some kind of conservative Democrat in Alabama. And he's not."

Walter Shaub, the former director of the Office of Government Ethics, argued that Conway had violated the Hatch Act, which states that federal government employees must not advocate their political beliefs while representing a public office. Shaub filed an ethics complaint against Conway, and Richard Painter, chief ethics lawyer under Bush, supported this claim, stating:

> "This is an official interview. She has violated the Hatch Act by using her position to take sides in a partisan election. That is a firing offence. And for her, this is strike two."

Conway's comments about Jones were not the first time she had been accused of violating federal ethics law. Earlier in 2017, she promoted Ivanka Trump's clothing and accessory line during a TV interview.

Conway's comments on 2020 Democratic presidential candidates

In 2019, Kellyanne Conway, then a counsellor to President Trump, made a number of comments about the Democratic candidates for the 2020 presidential election. In a television interview, she criticised several candidates, calling one "a loser", knocking another for how they treated their staff, and mocking a third for eating fried chicken with a fork.

Conway also questioned the strategy of the Democratic Party, asking:

> "You've got Beto O'Rourke and you've got Cory Booker promising that they would nominate a woman to be the VP. Do they not think women running are good enough to be president?"

She further commented that the Democratic Party was in a hot mess, and pointed to a series of controversies involving blackface, alleged sexual misconduct, and support for late-term abortion.

Conway argued that Trump could be competitive in several states he did not win in 2016, including Nevada, New Hampshire, Colorado, and New Mexico. She also questioned whether any Democrat could beat Trump's 306 electoral votes, stating:

> "Which Democrat, in fact, is actually going to bust through Trump's 306 electoral votes? Where is the proof of that?"

Conway's Oval Office couch photo sparks criticism

Kellyanne Conway sparked criticism for a photograph taken of her sitting on an Oval Office couch with her legs folded beneath her and her shoes pressed against the upholstery. The image was captured during President Trump's meeting with leaders from historically black colleges and universities.

Some observers suggested that Conway's sitting position was a sign of disrespect and a lack of decorum. Body language expert Patti Wood asserted that Conway's posture was not only rude but "rather sexual" and indicated that she "doesn't have to follow the rules" because she was "buddies with Trump."

Conway later addressed the controversy, saying that she had been asked to take photographs of the meeting from a certain angle and that she certainly meant "no disrespect." She also blamed the media for the ensuing furor.

Conway's husband, George Conway, is a vocal critic of Trump

Kellyanne Conway, a former senior counsellor to President Donald Trump, was accused of breaking federal law on the steps of the White House. Conway promoted Trump's daughter Ivanka's products during a TV interview, which is illegal under federal law. The White House distanced itself from Conway's comments, and she was counselled on the matter.

George Conway launched many of his criticisms of Trump on Twitter, where he amassed over 2 million followers with his anti-Trump commentary. The fact that he was a longtime Republican married to a top Trump adviser meant his criticisms attracted extra attention. In response to George Conway's attacks, Trump called him a "total loser" and a husband from hell.

Despite their differing political views, Kellyanne and George Conway remained married for over two decades and had four children together. In March 2023, they announced they were divorcing amicably.

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