Kellyanne Conway's Unlawful Actions: What Happened?

Kellyanne Conway, an American political consultant and pollster, has been accused of breaking the law on multiple occasions during her time as Senior Counselor to the President in the first administration of Donald Trump. One of the most notable instances was in February 2017, when she promoted Ivanka Trump's product line during a TV interview, which was a violation of federal ethics law. She has also been accused of breaching the Hatch Act of 1939, which prohibits government employees from making political endorsements or using their positions to campaign for or against political candidates. In March 2024, the United States Office of Special Counsel found that Conway had violated the Hatch Act by making political endorsements in her capacity as a White House counselor. Despite these accusations, Conway has denied any wrongdoing, and it is up to the White House and President Trump to decide on any disciplinary action.

Endorsing Ivanka Trump's products on TV

On February 9, 2017, Kellyanne Conway, then a senior counsellor to President Donald Trump, endorsed Ivanka Trump's fashion line on Fox & Friends. This endorsement came a day after Trump criticised Nordstrom, a department store that had dropped Ivanka's brand from its stores, on Twitter.

Conway said:

> "Go buy Ivanka's stuff is what I would tell you — I hate shopping and I’m going to go get some myself today... It's a wonderful line. I own some of it. I'm going to give a free commercial here: Go buy it today everybody. You can find it online."

Conway's comments were widely criticised, and she was accused of breaking federal ethics rules and violating the Hatch Act of 1939. The Hatch Act states that federal government employees must not advocate their political beliefs while representing a public office.

Conway's endorsement of Ivanka Trump's products appeared to violate the Code of Federal Regulations' Section 2635.702 of Title 5, which states:

> "An employee shall not use his public office for his own private gain, for the endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity, including nonprofit organizations of which the employee is an officer or member, and persons with whom the employee has or seeks employment or business relations."

Conway's comments drew bipartisan Congressional condemnation. Republican Jason Chaffetz, chair of the House Oversight Committee, called her remarks "clearly over the line" and "unacceptable". Elijah Cummings, a Democrat and the committee's ranking member, described them as "jaw-dropping".

In response to the backlash, White House press secretary Sean Spicer said that Conway had been "counselled" for her remarks. However, Conway herself tweeted that Trump "likes 'counselor' more than 'counselled.'"

Violating the Hatch Act by publicly criticising Doug Jones

In November 2017, Kellyanne Conway, then a senior counsellor to President Donald Trump, was accused of violating the Hatch Act by publicly criticising Doug Jones, a candidate in the 2017 U.S. Senate special election in Alabama.

Conway's comments came in response to a question about Roy Moore, the Republican Alabama Senate candidate accused of pursuing underage girls while he was in his 30s. Instead of addressing the allegations against Moore, Conway attacked his rival, Doug Jones.

"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," Conway said on Fox and Friends. She added, "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 (OGE), filed an ethics complaint against Conway, arguing that her comments violated the Hatch Act. The federal law prohibits White House officials from endorsing or criticising candidates, even in media interviews.

In March 2018, the U.S. Office of Special Counsel (OSC) issued a report determining that Conway had indeed violated the Hatch Act with her comments about Jones. This was not an isolated incident, as Conway had been accused of breaching the Hatch Act on several occasions during her time in the Trump administration.

In June 2019, the OSC recommended that Conway be removed from federal service due to multiple and ongoing Hatch Act violations. Despite these recommendations, Conway faced no disciplinary action from the Trump administration and continued to serve as a counsellor to the president until August 2020.

Violating the Hatch Act by publicly supporting Roy Moore

Kellyanne Conway, a senior counsellor to the president in the first administration of Donald Trump, was accused of violating the Hatch Act of 1939 by publicly supporting Roy Moore, the Republican Alabama Senate candidate. Moore was accused of pursuing underage girls while he was in his 30s and working as an assistant district attorney in Alabama. Conway responded to the allegations by attacking Moore's rival, Doug Jones, on television.

Walter Shaub, the ethics director under the Obama administration, argued that Conway was likely appearing in her official capacity when she advocated against Jones. He filed a complaint against her, stating that she had violated the Hatch Act. The federal law prohibits White House officials from endorsing or rallying against candidates, even in media interviews.

Conway's comments on Fox and Friends sparked controversy and were criticised by both Republicans and Democrats. She stated:

> 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.

Conway also hinted that Moore would support the Republican Party's plans for sweeping tax cuts.

Richard Painter, the chief ethics lawyer under Bush, agreed with Shaub, stating that Conway had violated the Hatch Act by using her position to take sides in a partisan election. Painter, a vocal critic of the Trump administration's ethics practices, called for Conway's dismissal, saying:

> 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.

This was not the first time Conway had been accused of breaching federal ethics laws. Earlier, she had made an on-air sales pitch for Ivanka Trump's clothing and accessory line, prompting criticism that she had violated the law prohibiting the use of public office for private gain and the endorsement of any product or service.

Using the phrase alternative facts

Kellyanne Conway, an American political consultant and pollster, served as Senior Counselor to President Donald Trump from 2017 to 2020. She was the first woman to run a successful US presidential campaign.

Conway's tenure in the Trump administration was marked by a series of controversies, including her use of the phrase "alternative facts" to describe fictitious and disproven attendance numbers for Trump's inauguration. This phrase drew comparisons to "Newspeak", a language style from George Orwell's dystopian novel, "1984". The incident sparked a surge in sales for the book, with a 9,500% increase reported by The New York Times.

Conway's use of "alternative facts" was not an isolated incident. She also repeatedly referenced a "Bowling Green massacre" that never occurred, and she claimed that Michael Flynn had the full confidence of the President just hours before his dismissal. These statements, along with others, led to widespread criticism and calls for her removal from television appearances.

Conway's actions had consequences beyond the political realm. Her phrase "alternative facts" not only influenced the language used by the public but also had a significant impact on popular culture, with sales of Orwell's "1984" surging. This demonstrates the power of language in shaping public discourse and the potential for misinformation to take root, even among those who may not typically align with a particular political ideology.

The controversy surrounding Conway's use of "alternative facts" highlights the challenges of distinguishing truth from falsehood in an era of increasing political polarisation and the potential consequences when those in positions of power attempt to obscure the line between the two.

Referencing the fictitious Bowling Green massacre

In February 2017, Kellyanne Conway referenced an event she termed the "Bowling Green massacre" in a television news interview with Chris Matthews. She used the fictitious event to justify President Trump's immigration ban. Conway claimed that Iraqi terrorists were behind the "massacre", but no such event ever took place.

Conway's comments caused widespread backlash, with critics accusing her of spreading misinformation. In reality, she appeared to be referring to the 2011 arrest of two Iraqi refugees in Bowling Green, Kentucky. The two men had pleaded guilty to carrying out and supporting attacks on American soldiers in Iraq, but there was never any indication that they planned attacks in the United States.

Conway attempted to downplay her mistake, claiming that she had simply misspoken and meant to say "Bowling Green terrorists". However, it was later revealed that she had made similar references to the "Bowling Green attack" or "massacre" in separate interviews with Cosmopolitan magazine and TMZ. In these interviews, she claimed that the non-existent attack involved overseas training and "taking innocent soldiers' lives" in Bowling Green, Kentucky.

Conway's repeated references to the fictitious "Bowling Green massacre" raised serious concerns about her credibility and sparked calls for her to be removed from television news bookings. The incident also highlighted the Trump administration's struggles with messaging and factual accuracy.

Conway's false statements about the "Bowling Green massacre" were not an isolated incident. She had previously used the phrase ""alternative facts" to describe fictitious and disproven attendance numbers for Trump's inauguration, and she also claimed that Michael Flynn had the full confidence of the President just hours before his dismissal. These controversies, along with ethics violations related to commercial endorsements, led to widespread calls for her removal from her position.

Frequently asked questions