Kellyanne's Legal Troubles: Breaking The Law

Kellyanne Conway, a senior counsellor to former US President Donald Trump, has been accused of breaking the law on multiple occasions. In 2019, the US Office of Special Counsel recommended that Conway be fired for unprecedented multiple violations of the Hatch Act of 1939. The Hatch Act prohibits most executive-branch employees from politicking. Conway was found to have disparaged Democratic presidential candidates while appearing on TV in her official capacity as an adviser to the president and on her Twitter feed. In addition to violating the Hatch Act, Conway has also been accused of ethics violations, such as endorsing commercial products associated with Ivanka Trump, the president's daughter, on live television. Despite the accusations and evidence of wrongdoing, Conway faced no legal consequences for her actions.

Endorsing Ivanka Trump's products on live TV

On February 9, 2017, Kellyanne Conway, senior counsellor to then-President Donald Trump, endorsed Ivanka Trump's products on live TV. Conway made the remarks on Fox & Friends, during an interview from the White House briefing room. She said:

> Go buy Ivanka's stuff, is what I would say. It's a wonderful line, I own some of it. I'm going to give a free commercial here, go buy it today.

Legal experts and politicians suggested that Conway may have violated a federal ethics rule that prohibits officials from using their position to promote a product. The statute cited was 5 CFR 2635.702, which addresses the "use of public office for private gain". The rule states that a government employee "shall not use or permit the use of his Government position or title or any authority associated with his public office to endorse any product, service or enterprise".

In response to the backlash, the White House said that Conway had been "counselled", but did not elaborate on what that entailed.

Violating the Hatch Act by disparaging Democratic candidates

Kellyanne Conway, a senior counsellor to President Donald Trump, was found to have violated the Hatch Act by disparaging Democratic candidates for president. The Hatch Act prohibits most executive-branch employees from politicking. Conway violated the Act by disparaging Democratic presidential candidates while speaking in her official capacity as an adviser to the president on television and on her Twitter feed.

The Office of Special Counsel (OSC), the federal agency that polices the federal civil service, identified at least 10 instances of Conway breaking the law. The OSC recommended that Conway be removed from federal service, noting that her actions "erode the principal foundation of our democratic system—the rule of law."

Conway was found to have criticised multiple Democratic candidates from February to May 2019, including Amy Klobuchar, Bernie Sanders, Beto O'Rourke, Cory Booker, Elizabeth Warren, Joe Biden, and Kirsten Gillibrand. The OSC described her violations as egregious, notorious, and ongoing.

Despite the recommendation for removal from federal service, the decision ultimately lay with President Trump, who rejected the OSC's findings and stated that he thought the recommendation was very unfair and a restriction on freedom of speech.

Ethics violations under the Hatch Act

The Hatch Act of 1939 is a United States federal law that prohibits civil-service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity. It forbids 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. "Political activity" is defined as any activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.

Kellyanne Conway, a senior counsellor to President Donald Trump, was accused of violating the Hatch Act on several occasions.

Commercial Promotion

On February 9, 2017, Conway appeared on Fox & Friends and encouraged viewers to buy products from Ivanka Trump's line. Within hours, two organisations filed formal ethics complaints against Conway for violating federal law prohibiting the use of a federal position "for the endorsement of any product, service or enterprise".

Political Commentary

On November 24, 2017, Walter Shaub, the former director of the OGE, filed an ethics complaint against Conway, arguing that she had violated the Hatch Act when she criticised Doug Jones, a candidate in the 2017 US Senate special election in Alabama. On March 6, 2018, the US Office of Special Counsel issued its final report, determining that Conway had violated the Hatch Act in two television interviews in November and December 2017. Conway continued to make frequent television appearances and comment on political topics, declaring in May 2019: "If you’re trying to silence me through the Hatch Act, it's not going to work... Let me know when the jail sentence starts."

On June 13, 2019, the OSC formally recommended that Conway be removed from federal service, citing multiple Hatch Act violations. The OSC noted her criticism of Democratic presidential candidates while speaking in her official capacity during television interviews and on social media. The OSC noted that this was the first time they "had to issue multiple reports to the President concerning Hatch Act violations by the same individual".

Aftermath

Due to Conway's status as a presidential appointee, the OSC was unable to take any steps to implement its recommendation, and it was submitted to the President for consideration. The White House immediately rejected the finding and demanded that it be withdrawn by the OSC. Trump said he thought the recommendation was "very unfair, it's called freedom of speech."

Accused of leaking negative stories about Sean Spicer

Kellyanne Conway has been accused of leaking negative stories about Sean Spicer, the White House Press Secretary. In February 2017, CNN's Dylan Byers reported that sources claimed Conway was behind the rumours that President Donald Trump was unhappy with Spicer's performance and was looking to replace him. The rumours were denied by White House Chief of Staff Reince Priebus and presidential assistant Steve Bannon. However, according to Byers, "many people sympathetic to Spicer in and out of the White House believe otherwise". They accused Conway of trying to shift blame for the administration's setbacks onto Spicer to prove her greater effectiveness as a public advocate.

Conway denied the accusations, stating, "Absolutely not. [...] Sean has my full support, but most importantly, he has the president's full support. We work as a team." Despite her denial, Conway's reputation had already been tarnished by a series of controversies, including her use of the phrase "alternative facts" to describe fictitious and disproven attendance numbers for Trump's inauguration.

The leaking of negative stories about Spicer is not an isolated incident. During the same month, there were also leaks about an "emergency meeting" held by Spicer to address the issue of White House leaks. Staffers were instructed to hand over their phones, including personal devices, to prove they were not communicating with reporters. This incident highlights the extent of the Trump administration's concerns about information being shared with the media.

Conway's alleged actions reflect a pattern of behaviour that has drawn criticism. In June 2019, the U.S. Office of Special Counsel recommended her dismissal for multiple violations of the Hatch Act of 1939, which prohibits federal government employees from advocating their political beliefs while representing a public office. Despite the recommendation and evidence of her guilt, Conway faced no consequences as the only person with the authority to punish her was President Trump, who had benefited from her actions.

Photograph of her sitting on an Oval Office couch

Kellyanne Conway, a senior adviser to President Donald Trump, sparked controversy when she was photographed sitting on an Oval Office couch in an informal manner while wearing shoes. The photograph was taken during a meeting between President Trump and leaders from historically black colleges and universities. Conway's posture, with her legs folded beneath her and her shoes pressed against the upholstery, was deemed by some observers as disrespectful and inappropriate for the setting.

Body language expert Patti Wood characterised Conway's posture as "rather sexual" and suggestive of her close relationship with President Trump. The photograph sparked a Twitter debate, with some users expressing shock and dismay at what they perceived as a lack of respect for the office of the President. Others defended Conway, arguing that she was simply following the example set by previous White House staffers who had put their feet up on furniture.

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

While the photograph of Conway sitting on the Oval Office couch did not directly result in any legal consequences, it added to the series of controversies and ethics violations that surrounded her tenure as a senior adviser to President Trump. Notably, in June 2019, the U.S. Office of Special Counsel recommended that Conway be fired for "unprecedented" multiple violations of the Hatch Act, which prohibits most executive-branch employees from politicking.

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