The Department of Housing and Urban Development’s website on Tuesday is dominated by a large pop-up message placing blame for a partial government shutdown that raises questions about whether the department violated ethics law.
“The Radical Left are going to shut down the government and inflict massive pain on the American people unless they get their $1.5 trillion wish list of demands. The Trump administration wants to keep the government open for the American people,” the message says.
Senate Banking, Housing and Urban Affairs Chairman Sen. Tim Scott, R-S.C., isn’t worried about HUD’s messaging.
“Chairman Scott has reviewed HUD’s website,” said Scott spokesperson Jeff Naft. “It is an accurate, non-political statement about the impact of the shutdown.”
The political activities of government agencies and employees are restricted by the 1939 Hatch Act to ensure that government programs and services are administered in a nonpartisan manner.
The department said the message was worded to avoid referring to a specific party, politician or election and instead referred to an “ideology.”
“The Far Left is barreling our country toward a shut down, which will hurt all Americans,” a HUD spokesman said in a statement. “At HUD, we are working to keep critical services online and support our most vulnerable. Why is the media more focused on a banner than reporting on the impact of a shutdown on the American people?”
Government funding lapses with the start of the new fiscal year on Wednesday and departments and agencies are preparing plans for a partial shutdown. The House passed a continuing resolution on Sept. 19 that would fund the government through Nov. 21, but Democrats blocked it in the Senate.
Congressional leaders and President Donald Trump were unable to agree on a resolution to funding in a meeting Monday.
Unlike several other departments, HUD itself hasn’t released any plans for a shutdown. The message placing blame is the first thing visible for anyone going to its website.
Sen. John Kennedy, R-La., a Senate Banking Committee member and chairman of the Economic Policy Subcommittee, said he was unsure if the message violates the Hatch Act.
“I don’t know. I’m not an expert on the Hatch Act,” Kennedy said.
But Kennedy agreed the shutdown blame lands on Democrats.
“Most shutdowns are a combination of policy and politics to varying degrees. This one is much less about policy,” Kennedy said. “I think in terms of the politics my Democratic colleagues are trying to appeal to the socialist wing of their party, and they want to shut down.”
The law considers political activity to be “activity directed toward the success or failure of a political party, candidate for a partisan political office or partisan political group,” according to the U.S. Office of Special Counsel. OSC provides guidance for all government departments, as well as some states, the District of Columbia and local governments.
Even so-called less-restricted government employees, who are given more leeway than most civilian federal employees, can’t engage in activity directed at the success or failure of a political party or partisan political group at work, including by posting to a blog or social media site, the OSC says.
Democrats think the violation is clear.
“This administration has no respect for the rule of law and basic protocol. They politicize everything and to have that on the HUD website is beyond the pale,” said Sen. Raphael Warnock, D-Ga., the ranking member of the Economic Policy Subcommittee. “But sadly it’s not surprising.”
Warnock blamed any shutdown on Republicans because they are in control of both chambers and the White House.
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