Fact Check: Did Kamala Harris Violate the Hatch Act?

Vice President Kamala Harris delivered a campaign speech on Wednesday from the Vice President’s official residence in Washington, D.C., addressing explosive claims made by John Kelly, former chief of staff to Donald Trump.

In her remarks, Harris reiterated her increasingly dire warnings about Trump’s mental fitness and intentions for the presidency, citing the most recent comments from John Kelly, who claimed he overheard Trump praising Adolf Hitler.

“This is a window into who Donald Trump really is, from the people who know him best, from the people who have worked with him side by side in the Oval Office and in the Situation Room,” Harris told reporters outside the vice president’s residence in Washington.

The speech, delivered at the Vice President’s official residence, sparked online controversy, with critics accusing Harris of violating the Hatch Act, a law that limits political activities by federal employees in certain contexts.

The Claim

As soon as Harris announced the press conference, claims circulated online accusing her of violating the Hatch Act by delivering a campaign speech behind the official seal of the Vice President at her official residence at the Naval Observatory in Washington, D.C. The Hatch Act is a federal law that limits certain political activities by federal employees while in office.

A viral post on X (formerly Twitter) by conservative commentator Carmine Sabia, along with other social media accounts, accused Harris of using her official position for political purposes, framing the speech as a “blatant violation” of the Hatch Act.

The post references the Hatch Act, which restricts political activities by federal employees while in office.

The Facts

The Hatch Act, passed in 1939, limits federal employees from engaging in partisan political activities while performing their official duties. According to the U.S. Office of Special Counsel (OSC), which oversees compliance with the act, the law prohibits federal officials from using their official authority or influence to interfere with or affect the outcome of an election.

However, the Vice President and the President hold special exemptions from the Hatch Act that allow them to engage in political activities to a certain degree. This exemption recognizes the dual role of these officials as both heads of state and political figures.

The OSC has issued multiple reports over the years clarifying that while political activity is restricted, the President and Vice President’s roles allow for a blend of official and political actions, especially during campaign seasons. This flexibility is what often shields them from Hatch Act complaints that might otherwise apply to lower-level federal employees.

The Ruling

False. Vice President Kamala Harris did not violate the Hatch Act by delivering a political speech from her official residence behind the official seal. The Hatch Act applies differently to the President and Vice President due to the nature of their roles. While they must avoid misusing government resources for campaign purposes, their political activities are not subject to the same strict limitations as those of other federal employees.

FACT CHECK BY Newsweek