White House blows off Hatch Act violation, continues using 'MAGA' despite internal watchdog's warning

The term 'MAGA' is synonymous with former President Trump's 2016 presidential campaign — mainly because it was his slogan

The White House appears to be blowing off its own internal watchdog by continuing to use the term "MAGA" in official communications despite warnings that staffers who do so are violating the Hatch Act, according to an Axios report. 

"MAGA Republicans" has become a staple boogeyman of the Biden administration as it continues to navigate a porous southern border, an uncertain economic outlook and topless transgender activists on the White House lawn. 

However, the White House's use of the term appears to go against federal election rules. The Office of Special Counsel (OSC) warned the Biden administration that using the term "MAGA" in an official capacity violates the Hatch Act.

KARINE JEAN-PIERRE RESPONDS TO HATCH ACT VIOLATION COMMENTS: ‘WE DIDN’T KNOW'

"MAGA Republicans" has become a staple boogeyman of the Biden administration as it continues to navigate a crumbling southern border, sky-high inflation and topless transgender activists on the White House lawn. (Kevin Dietsch/Getty Images)

The Hatch Act is legislation that prevents elected officeholders from using government resources to engage in campaign activities.

The term "MAGA" is synonymous with former President Donald Trump's 2016 presidential campaign — mainly because it was his slogan. 

"MAGA remains the campaign slogan of a current candidate for partisan political office, and therefore, its use constitutes political activity," the OSC wrote in a memo.

"Accordingly, federal employees should not use ‘MAGA’ or ‘Make America Great Again’ while on duty, in the workplace, or when acting in their official capacity, including communicating through social media, email, or on government websites," it continued.

The excuses were quick to roll out, with White House press secretary Karine Jean-Pierre claiming at the podium they "didn't know" the term was not kosher for official events. (Drew Angerer/Getty Images)

White House deputy press secretary Andrew Bates sent a memo around Wednesday that continued to use the term, Axios reported. Bates claimed in the memo that the "main economic agenda item" of Republicans is "MAGA tax welfare for the richest Americans and giant corporations, at the expense of continuing to grow our economy by investing in America."

Bates previously paid lip service to the law while taking aim at Florida Gov. Ron DeSantis over the pronunciation of the Republican presidential candidate's name. "We follow the Hatch Act. So we don't DEE-rectly comment on 2024," the White House spokesman tweeted. "Am I saying that right? It's pronounced DEE-rectly?"

The OSC found that White House press secretary Karine Jean-Pierre violated the Hatch Act, which limits certain political activities of federal employees to prevent influencing elections, by using the term "Mega MAGA" to attack Republican policies.  

Jean-Pierre said at the podium this week that they "didn't know" the term was not suitable for official events. 

"The White House Counsel's Office is reviewing [the OSC's] opinion and is going to respond to them," Jean-Pierre said. "If you look at the archived Trump White House website, it contains about nearly 2,000 uses of ‘MAGA’ to describe policies and official agendas. Congressional Republicans have also used ‘MAGA’ to refer to policies and official agenda frequently for years now even, clearly, before we entered the administration."

"The opinion that was presented by OSC happened just last week, which is — it occurred months after the briefing where I made those comments. So, basically it is retroactive," she added. "We did not know their opinion when we were given the green light to say the comments that I made."

White House deputy press secretary Andrew Bates sent a memo around Wednesday that continued to use the term "MAGA," claiming in the memo that the "main economic agenda item" of Republicans is "MAGA tax welfare for the richest Americans and giant corporations, at the expense of continuing to grow our economy by investing in America." (NICHOLAS KAMM/AFP via Getty Images)

When asked for comment, Bates pointed to Jean-Pierre's remarks.

Later on in the day, Bates released another memo using the term "MAGA" and taking aim at House Speaker Kevin McCarthy, R-Calif., and the Republican Study Committee (RSC), claiming they are attempting "to defund Medicare benefits while pushing giant tax cuts for the rich."

"Yesterday the Republican Study Committee, which represents over 75% of the House Republican Conference, released an extreme MAGA plan that guts crucial Medicare benefits American families pay to earn," Bates wrote in the Thursday memo.

According to the OSC, Jean-Pierre committed the violation last year ahead of the 2022 midterm elections when she repeatedly referred to "mega MAGA Republicans" while acting in her role as White House press secretary.

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"Because Ms. Jean‐Pierre made the statements while acting in her official capacity, she violated the Hatch Act prohibition against using her official authority or influence for the purpose of interfering with or affecting the result of an election," the agency wrote in a letter to the White House dated June 7.

Jean‐Pierre herself has frequently cited the Hatch Act to avoid questions relating to Biden's election campaign and others. She reiterated on Tuesday that following federal law was a top priority for the White House.

Fox News Digital's Anders Hagstrom contributed to this report.

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