Kellyanne Conway: Lawbreaker In The White House

Kellyanne Conway, an American political consultant and pollster, has been accused of breaking the law on several occasions. One of the most notable instances occurred in 2017 when she endorsed Ivanka Trump's products on live TV, which may have violated federal law prohibiting the use of public office for private gain and the endorsement of any product. In addition, Conway has been accused of violating the Hatch Act by using her position to influence the Roy Moore vote in the Alabama Senate race. Despite these accusations, Conway remained a prominent figure in US politics and joined Fox News as a contributor in 2022.

Endorsing Ivanka Trump's products on live TV

On February 9, 2017, Kellyanne Conway, Donald Trump's senior adviser, endorsed Ivanka Trump's products on live TV. During an appearance on Fox & Friends, she discussed department store Nordstrom's decision to stop selling products supplied by Ivanka Trump's business. In response, she said:

> 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 it a free commercial here: Go buy it today, everybody. You can find it online.

Conway appeared to be standing inside the White House press briefing room as she made her remarks.

Larry Noble, the general counsel for the Campaign Legal Centre, a nonpartisan organisation based in Washington DC, immediately suggested she had broken the law. He cited the statute 5 CFR 2635.702, which addresses the "use of public office for private gain". The statute states:

> An 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.

Conway's comments raised questions about the ethics of a White House official hyping a product that financially benefits the first family. Her remarks appeared to violate a regulation from the Office of Government Ethics that bars executive branch staffers from endorsing any product or company, especially one that benefits themselves, friends, or family members.

In response to the incident, the House Oversight Committee asked the Office of Government Ethics to investigate Conway's remarks. The House Oversight chairman called Conway's promotion of Ivanka's brand "clearly over the line, unacceptable".

White House press secretary Sean Spicer said that Conway "has been counselled on that subject and that's it".

Violating the Hatch Act by endorsing Roy Moore

Kellyanne Conway, counsellor to the president, has been accused of violating the Hatch Act by endorsing Republican candidate Roy Moore and opposing Democrat Doug Jones in the Alabama Senate race. The Hatch Act, which dates back to 1939, prohibits federal employees in Conway's position from using their "official authority or influence for the purpose of interfering with or affecting the result of an election".

Conway appeared on Fox News and CNN in her role as presidential adviser and proceeded to promote Moore and trash Jones. She attacked Jones as "weak on crime", "weak on borders", and "terrible for property owners". When asked if she supported Moore, who has been accused of pursuing and assaulting multiple underage girls, she refused to answer directly but implied that she wanted the Republican candidate to win. "We want the votes in the Senate to get this tax bill through," she said.

Walter Shaub, the former head of the Office of Government Ethics, noted that Conway conducted the interview on the White House lawn and used her official title. He filed a formal complaint about the incident with the U.S. Office of Special Counsel, stating that Conway's "remarks were an obvious attempt to influence the election by convincing the public that voting for Roy Moore would jeopardize passage of the tax plan the President endorsed".

Conway and the White House denied any violation, claiming that she was merely reporting Trump's views and advocating for issues and the president's agenda. However, ethics lawyers under Bush and Obama administrations argued that Conway had violated the Hatch Act and called for her to be fired.

Using her position to take sides in a partisan election

Kellyanne Conway, a senior counsellor to the president in the administration of Donald Trump, has been accused of breaking federal law by using her position to take sides in a partisan election.

On November 23, 2017, Conway appeared on Fox News and addressed the Alabama Senate race between Roy Moore and Doug Jones. Moore, a Republican, had been accused of pursuing underage girls while he was in his 30s and working as an assistant district attorney in Alabama. In response to a question about these allegations, Conway attacked Jones, Moore's opponent.

Conway claimed that Jones would "be a vote against tax cuts", that he was "weak on crime" and "weak on borders", and that he would "raise taxes" and be "terrible for property owners". She also hinted that Moore would support the Republican Party's plans for tax cuts.

Walter Shaub, the ethics director under the Obama administration, argued that Conway had likely violated the Hatch Act of 1939, which prohibits federal government employees from advocating their political beliefs while representing a public office. Richard Painter, a chief ethics lawyer under Bush, agreed, stating that Conway had violated federal law by "using her position to take sides in a partisan election".

This was not the first time Conway had been accused of breaching ethics laws. In 2017, she made an on-air sales pitch for Ivanka Trump's clothing and accessory line, stating, "Go buy Ivanka's stuff... It's a wonderful line. I own some of it." This was seen as a violation of federal law, which prohibits the use of public office for private gain or the endorsement of any product.

Conway has gained a reputation for her on-air blunders and controversial statements, including her use of the phrase “alternative facts” to describe fictitious attendance numbers for Trump's inauguration and her reference to a “Bowling Green massacre” that never occurred.

Violating federal law prohibiting the use of a federal position for endorsements

Kellyanne Conway, an American political consultant and pollster, has been accused of violating federal law by using her position as Senior Counselor to the President in the administration of Donald Trump to endorse Ivanka Trump's products on live TV. During a TV interview, Conway promoted President Trump's tweet about Nordstrom, one of the retailers that had dropped Ivanka Trump's products. She praised Ivanka Trump as a "very successful businesswoman" and encouraged viewers to "go buy Ivanka's stuff".

Conway's comments sparked immediate backlash, with critics arguing that she had violated federal law prohibiting the use of a federal position for endorsements. Larry Noble, general counsel for the Campaign Legal Centre, a nonpartisan organisation based in Washington, DC, stated that Conway had likely violated the ban on federal employees using their public office for product endorsement. This incident led to calls for disciplinary action and sparked concerns about ethical conduct within the Trump administration.

In addition to this incident, Conway has also been accused of violating the Hatch Act, which prohibits executive branch employees from using their positions to influence election results. In 2018, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint alleging that Conway used her official Twitter account and media interviews to promote the Republican Party and express her views about midterm candidates. The Office of Special Counsel (OSC) concluded that Conway had violated the Hatch Act on multiple occasions and recommended disciplinary action.

Conway's actions have raised questions about the ethical conduct of government officials and the potential influence of personal interests in their official duties. The White House defended Conway's actions, stating that she was expressing the President's support for individuals who backed his agenda. However, critics argued that Conway's behaviour reflected a disregard for ethical boundaries and federal law.

Violating the Hatch Act by criticising Doug Jones

In November 2017, Kellyanne Conway, counsellor to the President, was accused of violating the Hatch Act by criticising Doug Jones, the opponent of Republican Alabama Senate candidate Roy Moore. Moore had been accused of pursuing underage girls while he was in his 30s and working as an assistant district attorney in Alabama. Conway responded to a question about Moore by attacking Jones, saying:

> 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.

Walter Shaub, the ethics director under the Obama administration, argued that Conway had likely violated the Hatch Act, and filed a complaint against her. The federal law prevents White House officials from endorsing or rallying against candidates, even in media interviews. Shaub said:

> It seems pretty clear she was appearing in her official capacity when she advocated against a candidate.

Richard Painter, who was a chief ethics lawyer under Bush, agreed with Shaub, 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 violation of the Hatch Act was not an isolated incident. In less than a year, she appeared to have violated the Act on more than 50 occasions using her @KellyannePolls Twitter account, which she used for both personal and official government business. On June 13, 2019, Special Counsel Henry Kerner, a Trump appointee, recommended that Conway be removed from public service due to her numerous and continuous violations of the Act. Kerner wrote that Conway's misconduct "erode [s] the principal foundation of our democratic system–the rule of law." Despite these calls for her removal, President Trump said that he would not discipline her.

Frequently asked questions