Report of Prohibited Political Activity Under the Hatch Act 

OSC File Nos. HA-19-0631 & HA-19-3395 (Kellyanne Conway) 

May 30, 2019 

This report represents the deliberative attorney work product of the U.S. Office of Special Counsel and is 

considered privileged and confidential. Any release of information beyond persons specifically designated by 

the U.S. Office of Special Counsel to have access to its contents is prohibited. All Freedom of Information Act 

inquiries regarding this report should be referred to OSC’s FOIA Officer at (202) 804-7000. 

U.S. OFFICE OF SPECIAL COUNSEL 
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EXECUTIVE SUMMARY 

In a May 29, 2019 interview, Ms. Kellyanne Conway, Counselor to the President, reportedly 

scoffed at her responsibilities under the Hatch Act and ridiculed its enforcement by asserting, “Let me 

know when the jail sentence starts.”1

 Her defiant attitude is inimical to the law, and her continued 

pattern of misconduct is unacceptable. The U.S. Office of Special Counsel (OSC) calls on President 

Donald J. Trump to remove Ms. Conway from her federal position immediately. 

OSC is an independent executive branch agency charged with Hatch Act enforcement. OSC 

opened two cases, OSC File Numbers HA-19-0631 and HA-19-3395, involving Ms. Conway in 

response to complaints alleging that her conduct during media interviews and on her Twitter account, 

“@KellyannePolls,” violated the law. After investigating these allegations, OSC has concluded that 

Ms. Conway has and continues to violate the Hatch Act. This report contains OSC’s investigative 

findings in these matters and refers the violations to the President. 

Hatch Act Prohibition at Issue 

The Hatch Act prohibits federal civilian executive branch employees from using their official 

authority or influence for the purpose of interfering with or affecting the result of an election.2

 The 

attendant Hatch Act regulation provides that, for example, an employee may not use her official title or 

position while participating in political activity.3 Political activity is defined as activity directed at the 

success or failure of a political party, partisan political group, or candidate for partisan political office.4 

Additionally, an employee may violate this prohibition by misusing either official or personal social 

media accounts, and, specifically, OSC has advised that an employee may not engage in political 

activity on a personal social media account if OSC has determined that the account is used for official 

purposes. 

Summary of Investigative Findings 

OSC’s investigation determined that Ms. Conway violated the Hatch Act during media 

appearances and by engaging in both official and political activity on her Twitter account, 

“@KellyannePolls.” Ms. Conway regularly participated in official media interviews in her capacity as 

a White House spokesperson to answer reporters’ questions about the Administration. Beginning in 

February 2019, Ms. Conway, during official media appearances, engaged in a pattern of partisan 

attacks on several Democratic Party candidates shortly after they announced their candidacy for 

President, including Senator Cory Booker, Senator Elizabeth Warren, former Congressman Robert 

Francis “Beto” O’Rourke, and former Vice President Joe Biden. For example, in one interview, Ms. 

Conway insinuated that Senator Booker was “sexist” and a “tinny” “motivational speaker.” In another, 

Ms. Conway said Senator Warren was “lying” about her ethnicity and “appropriating somebody else’s 

 

1

 Brett Samuels, Kellyanne Conway dismisses Hatch Act violation: ‘Let me know when the jail sentence starts,’ The Hill 

(May 29, 2019), https://thehill.com/homenews/administration/445914-kellyanne-conway-dismisses-hatch-act-violation-letme-know-when-the. 2

 5 U.S.C. § 7323(a)(1). 

3 See 5 C.F.R. § 734.302(b)(1). 4

 5 C.F.R. § 734.101. 
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heritage.” After Mr. O’Rourke announced his candidacy, Ms. Conway attacked him for not 

“think[ing] the women running are good enough to be President.”

In another instance, shortly after Mr. Biden declared his intention to run for President, Ms. 

Conway attacked his lack of “vision,” said his announcement video was “very dark and spooky,” and 

criticized his unwillingness to be “held to account for his record.” Ms. Conway also repeatedly singled 

out those she deemed to be “frontrunners” for the Democratic Party nomination — Senator Sanders 

and Mr. Biden. She referred to both candidates derisively as “two old white straight men career 

politicians,” attacked Senator Sanders’s ideas as “terrible for America,” and brought up Mr. Biden 

unprompted on at least four occasions in one interview. In addition to disparaging individual 

Democratic candidates, Ms. Conway directed insults at the entire Democratic field. For example, she 

compared the Democratic Party candidates to “woodchips” and reminded the American public 

“anything times zero equals zero” when it came to the number of Democratic candidates and their 

ideas. Each of these actions constitutes a violation of the Hatch Act’s prohibition on the use of official 

authority to interfere with or affect an election. 

With respect to her Twitter account, OSC concluded that Ms. Conway uses “@KellyannePolls” 

to execute her official duties. OSC also found that Ms. Conway engages in significant political activity 

on this account. She tweeted, for example, that President Trump has “got this” and included 

“#2020:I’mWithHim,” mocked Senator Booker for sounding “like a Hallmark card,” and criticized 

Senator Warren for claiming to be Native American to benefit herself. Ms. Conway retweeted a March 

31, 2019 message that referred to Mr. Biden as “Creepy Uncle Joe” and took it upon herself to outline 

other faults she found in Mr. Biden’s candidacy. And as recently as May 7, 2019, Ms. Conway 

retweeted a campaign advertisement that remarked positively on the President’s economy as compared 

to the “Obama-Biden economy.” 

Ms. Conway’s advocacy against the Democratic candidates and open endorsement of the 

President’s reelection effort during both official media appearances and on her Twitter account 

constitute prohibited political activity under the Hatch Act. Accordingly, she repeatedly continues to 

violate the law. 

Conclusion 

Numerous aggravating factors support OSC’s recommendation that the President remove Ms. 

Conway from her federal position. First, Ms. Conway has substantial knowledge of the Hatch Act and 

was previously found to have violated the law by engaging in very similar conduct. Indeed, in March 

2018, she was the subject of another disciplinary action referral from OSC to the President for 

engaging in political activity during official media interviews. Second, OSC repeatedly requested that 

Ms. Conway comply with the law. OSC sent a letter to Ms. Conway about her impermissible Twitter 

use in December 2018, warned the Office of White House Counsel in two March 2019 meetings about 

her political activity during official media appearances, and sent another letter to the Office of White 

House Counsel in April 2019 concerning her Twitter account. Lastly, Ms. Conway failed to comply 

with OSC’s requests and, in fact, escalated her partisan critiques of candidates after OSC had 

communicated to the White House that her conduct violated the law. In sum, Ms. Conway continues 

to violate the Hatch Act and signals that she will not comply with the law. 
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I. INTRODUCTION

OSC’s report contains the findings and conclusions of the agency’s investigation of allegations 

that Ms. Kellyanne Conway, Counselor to the President, violated the Hatch Act by using her official 

position to influence the 2018 midterm elections and 2020 presidential election through both media 

appearances and social media. After investigating these allegations, OSC has determined that Ms. 

Conway repeatedly violated the Hatch Act. Notably, this is not the first time that OSC has concluded 

that Ms. Conway broke the law. In March 2018, OSC issued a report to President Donald J. Trump 

informing him that Ms. Conway violated the law on two occasions when she engaged in political 

activity while speaking in her official capacity during media interviews. Yet, in blatant disregard for 

the law, Ms. Conway continues to violate the Hatch Act by engaging in this same 

misconduct. Accordingly, OSC refers these more recent violations to the President and requests her 

removal from federal employment.5

This investigation began when OSC received a complaint in October 2018 alleging, in part, that 

Ms. Conway engaged in prohibited political activity when she posted partisan political messages on 

her Twitter account, “@KellyannePolls,” shortly before the 2018 midterm elections.6 OSC opened 

OSC File Number HA-19-0631 and began investigating the allegations. In May 2019, OSC received 

additional complaints alleging Ms. Conway was expressing her political views about candidates in the 

2020 presidential election during her official media interviews. OSC consolidated these complaints 

and opened OSC File Number HA-19-3395. 

II. LEGAL STANDARD REQUIRED TO ESTABLISH A HATCH ACT VIOLATION 

For purposes of the Hatch Act, an employee is defined as “any individual, other than the 

President and the Vice President, employed or holding office in ... an Executive agency other than the 

Government Accountability Office.”7

The Hatch Act prohibits (1) federal employees (2) from using their official authority or 

influence (3) for the purpose of interfering with or affecting the result of an election.8 The attendant 

Hatch Act regulation gives examples of the type of activity this prohibition encompasses.9 For 

example, the regulation makes clear that it is a prohibited use of official authority for an employee to 

use her official title or position while participating in political activity.10 Political activity is defined as 

activity directed at the success or failure of a political party, partisan political group, or candidate for 

partisan political office.11 Thus, a federal employee violates the Hatch Act if she promotes the election 

or defeat of candidates for partisan political office while speaking in her official capacity. 

 

5 See 5 U.S.C. § 1215(b). 

6

 OSC determined the other alleged incident, an early October interview, did not constitute a Hatch Act violation. 7

 5 U.S.C. § 7322(1). 

8 See 5 U.S.C. § 7323(a)(1). 

9 See 5 C.F.R. § 734.302. 

10 See 5 C.F.R. § 734.302(b)(1). 11 5 C.F.R. § 734.101. 
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The Hatch Act also places limitations on a federal employee’s engagement in political activity 

on official or personal social media accounts. OSC has advised that employees may not engage in 

political activity on official social media accounts or on a personal social media account if they are 

using that account for official purposes or posting in their official capacity. OSC uses a multi-factor 

test to determine if an ostensibly personal social media account is being used for official purposes. 

These factors include whether it (1) contains little to no personal content; (2) identifies the individual 

as a federal employee; (3) extensively uses photographs of the employee’s official activities; (4) 

frequently references, retweets, likes, comments, or otherwise shares material related to official 

activities; or (5) is linked to an agency website or other official page. No single factor is dispositive. 

OSC’s February 2018 guidance published on our website specifically addresses the misuse of 

personal social media accounts and provides the following example: 

You are a federal employee and maintain only a personal Twitter account. While you 

have some personal posts about family vacations and events with friends, most of your 

posts are retweets of your agency’s initiatives and photographs of you at official events. 

You may not use this account to make posts directed at the success or failure of a 

political party, candidate in a partisan race, or partisan political group.12

III. INVESTIGATIVE FINDINGS 

A. Ms. Conway is subject to the Hatch Act. 

The Hatch Act restricts the political activity of “any individual, other than the President and the 

Vice President, employed or holding office in ... an Executive agency other than the Government 

Accountability Office.”13 The White House Office is a component of the Executive Office of the 

President, which is considered an Executive agency for purposes of the Hatch Act.14 Ms. Conway is a 

commissioned officer in the White House Office and has been serving as Counselor to the President 

since January 20, 2017. Therefore, as a presidential appointee employed by the White House Office, 

Ms. Conway is subject to the Hatch Act. 

[INTENTIONALLY LEFT BLANK] 

 

12 See OSC’s February 2018 “Hatch Act Guidance on Social Media,” pg. 9, available at: https://osc.gov/Pages/Hatch-ActSocial-Media-and-Email-Guidance.aspx. 13 5 U.S.C. § 7322(1). 

14 See 19 U.S. Op. Off. Legal Counsel 103 (May 5, 1995), 1995 WL 1767065 (concluding that for Hatch Act 

purposes, the White House Office is an Executive agency); 27 U.S. Op. Off. Legal Counsel 118 (May 23, 2003), 

2003 WL 25728359 (reaffirming conclusion that the Hatch Act applies to employees of the White House Office). 
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B. Ms. Conway violated the Hatch Act’s prohibition against using her official authority or 

influence for the purpose of affecting the result of an election. From February 1, 2019, to 

May 1, 2019, she repeatedly commented on 2020 presidential candidates during official 

media interviews. 

In her role as Counselor to the President, Ms. Conway has a diverse portfolio, which includes 

the opioid epidemic,15 veterans’ issues, and healthcare reform.16 Also, Ms. Conway serves as a 

spokesperson for the Trump Administration. When she was appointed to her current position, the 

transition team announced that Ms. Conway would “work with senior leadership to effectively 

message and execute the Administration’s legislative priorities and actions.”17 Similarly, the President 

has described Ms. Conway as “a tireless and tenacious advocate of [his] agenda ... [who] has amazing 

insights on how to effectively communicate [his] message....”18 Ms. Conway reportedly characterized 

her role as supporting the President in “his effective connecting and communicating with America.”19

Consistent with her duties in the Administration, Ms. Conway routinely gives official 

interviews promoting the President’s agenda. From February to May 2019, Ms. Conway gave dozens 

of interviews in her official capacity. During these interviews, some of which occurred on White 

House grounds, she was introduced as Counselor to the President and discussed official matters. And 

while speaking in her official capacity, Ms. Conway also engaged in campaign rhetoric, remarking on 

the strength of President Trump’s candidacy and/or the weaknesses of the Democratic Party’s 

candidates in the upcoming 2020 presidential election. Her comments were directed at persuading 

voters not to support the Democratic Party candidates in the 2020 presidential election and garnering 

support for the President’s candidacy, and therefore constituted political activity under the Hatch Act. 

By engaging in political activity while speaking in her official capacity, Ms. Conway used her official 

authority or influence for the purpose of affecting the result of an election in violation of the Hatch 

Act. The following examples illustrate the breadth and frequency of Ms. Conway’s Hatch Act 

violations. 

1. February Interviews 

On February 1, 2019, Ms. Conway participated in a Fox & Friends interview in her official 

capacity.20 At the outset, co-host Steve Doocy introduced Ms. Conway by her title, Counselor to the 

President. It was also evident that Ms. Conway was standing inside the White House during the 

 

15 See The White House, A Raw, Unfiltered Look at the ‘Crisis Next Door’ (June 8, 2018), 

https://www.whitehouse.gov/articles/raw-unfiltered-look-crisis-next-door/. 16 C-Span, Kellyanne Conway Comments to Reporters at the White House (Apr. 30, 2019), https://www.cspan.org/video/?460272-1/kellyanne-conway-defends-stephen-moore-nomination. 17 Eric Walsh, Susan Heavey & Jeffrey Benkoe, Kellyanne Conway joins Trump administration as counselor to the 

president, Business Insider (Dec. 22, 2016), https://www.businessinsider.com/trump-names-kellyanne-conway-counselorto-the-president-2016-12. 18 Louis Nelson, Trump creates competing power centers in his West Wing, Politico (Dec. 22, 2016), 

https://www.politico.com/story/2016/12/kellyanne-conway-counselor-president-trump-232911. 19 Id. 20 Fox & Friends, White House talks suspending nuclear pact with Russia, Cory Booker’s presidential bid, Fox News 

Channel (Feb. 1, 2019), https://video.foxnews.com/v/5997378977001/#sp=show-clips. 
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interview.21 As Ms. Conway spoke, the chyron alerted viewers that she was “Counselor to President 

Trump.” During the interview, Ms. Conway spoke about official Administration actions and policy. 

Specifically, she permissibly provided the Administration’s perspective on the United States’ 

withdrawal from a nuclear pact with Russia and discussed the Administration’s response to activities at 

the southern border. 

Approximately two minutes into the interview, co-host Ainsley Earhardt asked Ms. Conway for 

the “Administration’s reaction” to Senator Cory Booker’s candidacy, announced earlier that morning.22 

In response, Ms. Conway immediately proposed a series of questions that she would ask Senator 

Booker, all of which revolved around flaws she perceived in his candidacy. Ms. Conway rhetorically 

posited, “What’s wrong with the candidates that are already in there?” and “What’s your objection to 

Kamala Harris running, Elizabeth Warren, Kirsten Gillibrand, these others who have already 

announced, Tulsi Gabbard maybe?” Ms. Conway then reflected that if Senator Booker were a 

“Republican running against them” he would be called a “sexist.” Next, Ms. Conway said she would 

ask Senator Booker “what exactly” he had accomplished to qualify him to be President. And she 

responded to her own question with three main points — Senator Booker was a “motivational speaker 

who can be tinny,”23 his record as mayor of Newark, New Jersey, was lacking, and he could not “even 

bring himself to continue to help those school children through school choice” because the Democratic 

Party had “moved so far to the left.” 

On February 11, 2019, Ms. Conway gave another interview to Fox & Friends.

24 Again, Mr. 

Doocy introduced Ms. Conway using her official title, and the chyron periodically read, “Kellyanne 

Conway Counselor to the President.” The interview questions primarily concerned negotiations with 

Congress, border security, and the President’s Texas rally to bring attention to border security issues. 

During the interview, Mr. Doocy named all of the declared Democratic Party candidates and 

noted that the list could grow. Ms. Conway retorted, “Great. Keep it coming. Just remember anything 

times zero still equals zero,” and she outlined President Trump’s accomplishments, suggesting that 

they were boons for his 2020 candidacy and obstacles for the opposition.25 Co-host Brian Kilmeade 

 

21 A seal that read “The White House” was mounted on the wall behind Ms. Conway. 22 Nick Corasaniti & Shane Goldmacher, Cory Booker Announces Presidential Bid, Joining Most Diverse Field Ever, The 

New York Times (Feb. 1, 2019), https://www.nytimes.com/2019/02/01/us/politics/cory-booker-2020.html (Senator Booker 

announced his candidacy on February 1, 2019). 

23 Ms. Conway was quoting David Axelrod. 

24 Fox & Friends, Conway Slams ‘Big-Mouth Dems’ Over Calls to Defund ICE: They’re ‘Hurtling Us Toward a 

Shutdown,’ Fox News Channel (Feb. 11, 2019), https://insider.foxnews.com/2019/02/11/kellyanne-conway-slamsdemocrats-over-calls-defund-immigration-and-customs-enforcement. 25 OSC determined on March 5, 2018, that President Trump is a candidate for reelection for purposes of the Hatch 

Act. See OSC’s March 2018 “Updated Guidance Regarding the Hatch Act and President Donald Trump Now That He Is 

Officially a Candidate for Reelection,” available at: 

https://osc.gov/Resources/Candidate%20Trump%20Hatch%20Act%20Guidance%203-5-2018.pdf. 
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then played clips of Senators Amy Klobuchar,26 Elizabeth Warren,27 and Cory Booker announcing 

their candidacies. After the clips ended, Mr. Doocy stated, “Well, to some it’s a binary choice, 

Kellyanne.” Ms. Conway responded, “Yes, and that’s why the President is likely to be reelected 

because his-- he will say, ‘Here is what I have done for the three and a half years, by then the four 

years as President.’” She again outlined the President’s accomplishments and said about the 

Democrats, “I’m [sic] yet to see presidential timber. I just see a bunch of presidential woodchips. And 

what happened this weekend is equally unimpressive.” 

 Ms. Conway went on to attack several of the declared Democratic candidates individually, 

stating: 

[Senator Klobuchar] seems to be a very nice person, I guess unless you’re on her staff. 

She’s had some terrible articles about the way she treats them. I’ve always known her 

to be Minnesota nice. But you can change the A to an O and get ‘O my’ instead of 

Amy there because I don’t think that was a very impressive rollout. It’s a lot of singsongy, happy talk from these folks, or it’s virulently anti-Donald Trump at all times... 

Ms. Conway then noted that Senator Warren “spent decades, folks, decades appropriating somebody 

else’s heritage and ethnicity,” and “she’s been lying about it.” Turning to Senator Kirsten Gillibrand,28

Ms. Conway expressed incredulity: “This weekend, in her fifties, apparently was the first time she’s 

ever eaten fried chicken, and she waited for the cameras to roll. I mean this is just silly stuff.” 

2. March Interviews 

On March 13, 2019, Ms. Conway gave an interview on The Ingraham Angle during which she 

criticized Senator Warren.29 Host Laura Ingraham introduced Ms. Conway as Counselor to the

President and asked Ms. Conway to provide “the White House’s message” in response to critics of the 

President’s national emergency declaration regarding the southern border. The chyron reflected Ms. 

Conway’s official appearance by highlighting her title, “Counselor to the President.” 

Ms. Conway’s interview covered the news of the day, including President Trump’s national 

emergency declaration, Congress’s related vote of disapproval, and the topic of border security 

generally. Near the end of the interview, she turned the conversation to Senator Warren and stated, 

“Elizabeth Warren is running for President. She tried to appropriate somebody else’s ethnicity. She 

 

26 Dan Merica & Devan Cole, Sen. Amy Klobuchar enters presidential race, CNN (Feb. 10, 2019), 

https://www.cnn.com/2019/02/10/politics/klobuchar-announcement-2020-president/index.html (Senator Klobuchar 

announced her candidacy on February 10, 2019). 

27 Kate Taylor, Elizabeth Warren Formally Announces 2020 Presidential Bid in Lawrence, Mass., The New York Times 

(Feb. 9, 2019), https://www.nytimes.com/2019/02/09/us/politics/elizabeth-warren-2020.html (Senator Warren announced 

her candidacy on February 9, 2019). 

28 Shane Goldmacher, Kirsten Gillibrand, New York Senator, Joins Democratic Race for President, The New York Times 

(Jan. 15, 2019), https://www.nytimes.com/2019/01/15/us/politics/gillibrand-president-election.html?module=inline

(Senator Gillibrand announced her exploratory committee on January 15, 2019). 

29 The Ingraham Angle, Kellyanne Conway: Courts and Congress failed to do their jobs on immigration for decades, Fox 

News Channel (Mar. 13, 2019), https://video.foxnews.com/v/6013716232001/#sp=show-clips. 
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lied about that.” Ms. Conway then summed up her perspective on the Democratic Party’s candidates 

by saying she had yet to see “presidential timber” and only saw “presidential woodchips.” 

Just five days later, on March 18, 2019, Ms. Conway reappeared on Fox & Friends to discuss, 

among other things, the shooting in New Zealand, border security, and the President’s proposed 

budget.30 Although the anchors did not introduce Ms. Conway using her official title, Ms. Conway 

appeared in front of the White House, and the chyron read, “Kellyanne Conway Counselor to the 

President.” 

 After discussing the President’s budget and the border wall, Mr. Kilmeade turned the 

conversation to David Axelrod’s negative assessment of President Trump’s 2020 campaign and 

whether the President would be competitive in several swing states. Ms. Conway offered an overview 

of the President’s campaign strategy and another negative assessment of the Democratic Party’s 

candidates: 

Now we have thirteen, we have the baker’s dozen running. Biden maybe will get in 

because I guess none of them think the other can actually beat Donald Trump. There’s 

no strategy I see. You’ve got Beto O’Rourke31 and you’ve got Cory Booker promising 

that they would nominate a woman to be the VP. Do they not think the women running 

are good enough to be President? So there’s a whole hot mess in the Democratic Party 

beginning with right over the bridge here in Virginia. 

Ms. Conway concluded her assessment of the 2020 presidential race by predicting that the President 

would be reelected because of his policies and accomplishments.

3. April Interviews 

Ms. Conway’s negative comments about the Democratic candidates increased in late April and 

early May 2019. On April 22, 2019, during the White House’s Easter Egg Roll festivities, Ms. 

Conway sat for an interview on the White House lawn with host Ainsley Earhardt from Fox & 

Friends.

32 The chyron periodically displayed her official title, “Counselor to the President,” and Ms. 

Conway fielded questions about holiday events at the White House and the First Lady’s “Be Best” 

platform. Ms. Conway also provided the White House’s response to the recent spate of shootings 

around the globe, the Mueller investigation, and the prospect of impeachment. 

While discussing the Mueller report, Ms. Conway, unprompted, brought up the Democratic 

Party presidential candidates. Ms. Conway told viewers that the nineteenth Democrat, U.S. 

 

30 Fox & Friends, Kellyanne Conway reacts to Trump being blamed in New Zealand massacre, Fox News Channel (Mar. 

18, 2019), https://video.foxnews.com/v/6015238929001/#sp=show-clips. 31 See David Siders, Beto announces bid for president, Politico (Mar. 14, 2019), 

https://www.politico.com/story/2019/03/14/beto-orourke-2020-president-1207704 (Mr. O’Rourke announced his candidacy 

on March 14, 2019). 

32 Fox & Friends, Kellyanne Conway talks radical Islamic terror after Sri Lanka massacre, impeachment talk after Mueller 

report, Fox News Channel (Apr. 22, 2019), https://video.foxnews.com/v/6028692010001/#sp=show-clips. 
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Representative Seth Moulton,33 had announced his candidacy and that she wanted to “remind 

everybody simple math.” Ms. Conway continued, “Whether it’s one, whether it’s nineteen, whether 

it’s fifty, anything times zero equals zero. Simple multiplication. So fifty Democrats can run. Twenty 

of them, nineteen are now running. But if your message is zero, it’s a big zero.” 

Two days later, on April 24, 2019, Ms. Conway again gave an interview in her official capacity 

on America’s Newsroom.

34 She appeared in front of the White House, and the chyron read “Kellyanne 

Conway Counselor to the President.” On this occasion, Ms. Conway spoke about the President’s 

attempts to resist House Democrats’ subpoenas, the Mueller report, and the Administration’s actions to 

combat opioid abuse. At one point, co-anchor Sandra Smith asked Ms. Conway about former Vice 

President Joe Biden,35 who was expected to announce his candidacy for President later in the week. In 

addition to commenting on Mr. Biden, who was not yet a candidate, Ms. Conway brought up a 

declared Democratic Party candidate, Senator Bernie Sanders.36 Ms. Conway said: 

I think Biden’s timing actually benefits him because the Democrats seem really 

desperate to find an alternative to Bernie Sanders, who is the clear announced 

frontrunner right now in the polling and on the ground. Bernie Sanders has a lot in 

common with Donald Trump, which is he doesn’t really care what his party thinks 

about his candidacy at this point in the primaries. He’s connecting directly with the 

voters. He’s raising small dollar amounts. The only difference between Bernie Sanders 

and Donald Trump is Bernie Sanders’s ideas are terrible for America, and Donald 

Trump is a much better candidate, had [sic] connective tissue with the people. 

In the same response, Ms. Conway also volunteered that she had seen “women on TV 

complaining about ‘the female candidates aren’t covered the same’” but that those criticisms were “just 

hogwash” because the female candidates “have terrible ideas.” Immediately following her statements 

about the candidates, the interviewer transitioned to an official topic, the President’s attendance at an 

opioid abuse summit in Atlanta. 

On April 27, 2019, Ms. Conway appeared for an interview on Smerconish, and the chyron 

identified her as “Counselor to President Trump” throughout the interview.37 During this segment, Ms. 

Conway was pressed to provide commentary on President Trump’s “fine people” statements, which he 

made in 2017 after a neo-Nazi march occurred in Charlottesville, Virginia, in the midst of a national 

 

33 Stephanie Murray, Seth Moulton announces 2020 bid, Politico (Apr. 22, 2019), 

https://www.politico.com/story/2019/04/22/moulton-announces-2020-bid-1284347 (Representative Moulton announced his 

candidacy on April 22, 2019). 

34 Talia Kaplan, Kellyanne Conway to Democrats: ‘Are you going to talk for the rest of 2019 into 2020 about impeachment 

or infrastructure?’, Fox News Channel (Apr. 24, 2019), https://www.foxnews.com/politics/kellyanne-conway-todemocrats-are-you-going-to-talk-for-the-rest-of-2019-into-2020-about-impeachment-or-infrastructure. 35 Marc Caputo & Natasha Korecki, Biden dives into 2020 race, Politico (April 25, 2019), 

https://www.politico.com/story/2019/04/25/biden-launch-1279838 (Mr. Biden announced his candidacy on April 25, 2019). 

36 Senator Sanders announced his candidacy on February 19, 2019. See Scott Detrow & Jessica Taylor, Bernie Sanders 

Launches 2020 Presidential Campaign, No Longer An Underdog, NPR (Feb. 19, 2019), 

https://www.npr.org/2019/02/19/676923000/bernie-sanders-enters-2020-presidential-campaign-no-longer-an-underdog. 37 Smerconish, Conway on Charlottesville, Biden, economy, opioids and pot, CNN (Apr. 27, 2019), 

https://www.cnn.com/videos/tv/2019/04/27/conway-on-charlottesville-the-economy-opioids-and-pot.cnn. 
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conversation about whether to remove monuments dedicated to Confederate leaders. Ms. Conway 

initially replied to the question by talking about President Trump’s statements. However, she pivoted 

to recently announced presidential candidate Joe Biden. Ms. Conway accused Mr. Biden of bringing 

up Charlottesville in his announcement video because “he doesn’t want to be held to account for his 

record or lack thereof.” Ms. Conway then informed viewers that she found Mr. Biden’s announcement 

video to be “unfortunate,” “a missed opportunity,” and “very dark and spooky” because he “doesn’t 

have a vision for the future.” She continued to discuss Mr. Biden’s candidacy and the states where 

President Trump could win in 2020. 

On April 28, 2019, one day later, Ms. Conway appeared in studio on State of the Union with 

host Jake Tapper.38 Mr. Tapper introduced Ms. Conway as Counselor to the President, and the chyron 

reflected her title. During this interview, Mr. Tapper asked Ms. Conway about a multitude of topics, 

including President Trump’s comments about white nationalism, the economy, and the Mueller report. 

Mr. Tapper engaged Ms. Conway in an exchange about the President’s response to Charlottesville, and 

particularly his comments that there were “fine people” on both sides. Ms. Conway brought up Mr. 

Biden and said that he was revisiting the Charlottesville controversy because “he has no vision, and he 

doesn’t want to be held to account for the Obama-Biden legacy.” Later she added, “ . . . But for Joe 

Biden, who’s been in public life, who was elected at 29, to come out and have no vision, no -- no 

accountability for the Obama-Biden record, didn’t even mention President Obama, but mentioned 

Charlottesville, to try to use that for political purpose, to lie about the President....”39

 For the next minute and a half, Mr. Tapper attempted to redirect Ms. Conway to the issue of 

President Trump’s response to Charlottesville. But Ms. Conway returned to the subject of Mr. Biden 

by asking, “Why would Joe Biden bring that up? Why is he using Charlottesville to launch a 

candidacy as somebody who was in the Senate for decades, who was Vice President for eight years, 

who’s 0 for two running for President, while Donald Trump is one for one?” 

After, Mr. Tapper asked Ms. Conway whether the President was concerned about the strength 

of the economy. Ms. Conway initially discussed the economy’s prospects under the President’s 

leadership but then, for the fourth time, turned to the topic of Mr. Biden. Ms. Conway said Mr. Biden 

would need to run against “the Trump legacy” on the economy and that the country would have to wait 

to “see if he can even get that far” because “Joe Biden had a hard week vis-à-vis the Democratic 

primary.” 

On April 30, 2019, Ms. Conway responded to reporters’ questions for approximately thirty 

minutes while standing in the White House driveway.40 Toward the end of the question and answer 

session, Conway began to walk away when a reporter called out to her, “Hey Kellyanne, one more 

thing. You brought up Joe Biden several times unprompted. Do you guys see him--?” Ms. Conway 

retorted, “How was it unprompted? He’s the frontrunner!” The reporter then asked if Ms. Conway 

 

38 State of the Union, Tapper spars with Conway over Charlottesville, CNN (Apr. 28, 2019), 

https://www.cnn.com/videos/tv/2019/04/28/sotu-conway-full.cnn. 39 California Synagogue Shooting; Interview With Rep. Seth Moulton (D-MA); Interview With Counselor to the President 

Kellyanne Conway; 2020 Election Discussion. Aired 9-10a ET, CNN, 

http://www.cnn.com/TRANSCRIPTS/1904/28/sotu.01.html (last visited May 9, 2019). 

40 See C-Span, supra note 16. 
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considered Mr. Biden the frontrunner. Ms. Conway replied by attacking the Democratic primary 

electorate as “sexist” and “racist” because Mr. Biden and Senator Sanders were polling as the 

frontrunners. She suggested that the “two old white straight men career politicians” were ahead 

because the electorate has “a problem with the rest of the field.” 

 The reporter said a few words about Mr. Biden and Senator Sanders being the “most 

formidable challengers to President Trump” when Ms. Conway again defended the President and 

attacked the opposition: 

So I think the debates will be very winnowing but it’s not lost on us who the two 

frontrunners are among the Democratic primary electorate where I don’t vote, where 

Donald Trump doesn’t vote. So we’re just watching the way the Democrats assess their 

own field.... I think the best way for the President to get reelected is what he does in 

this building. It’s all the economic prosperity. They want to run against Donald Trump. 

They have to run against Donald Trump’s economy, too. They have to run against 

Donald Trump getting the remains of our brave men who fell in Korea back home, 

getting 19 or 20 hostages back home. Some of these hostages were there, most of them 

were there, when Vice President Biden was here. So he’s gonna be held to account, and 

I know he said that ‘I asked President Obama not to endorse me. I’m too busy getting 

the endorsement of firefighters but I don’t want a popular President among the 

Democrats’ first African American President to endorse me.’ Do any of you believe 

that? You let him get away with his first lie. Why’d you do that? So I will ask him if 

you’re not going to, ‘Hey Senator - Vice President Biden why are 28 million Americans 

without health insurance nine years after Obama-Biden care passed?’ He should be 

asked that. And I think Bernie Sanders doesn’t care what his party thinks, is connecting 

directly with people, and is raising money in small amounts, and goes out and has very 

specific points of view which is why he’s got a following. He’s a lot like Donald 

Trump except for good ideas, and ideas that are mainstream, and ideas that are part of a 

democracy and not socialism. 

A different reporter next asked a question about healthcare. During her response, Ms. Conway offered 

negative commentary on Mr. Biden and Senator Sanders and suggested that Obamacare was an 

obstacle for Mr. Biden. She continued, “Is Joe Biden not endorsing Obamacare the way Obama is not 

endorsing Joe Biden? I wonder.” 

4. May Interview 

On May 1, 2019, during an interview in the White House driveway, Ms. Conway again brought 

up Mr. Biden unprompted.41 In segments of the interview that were broadcast by Lawrence 

O’Donnell, Ms. Conway said about her prior comments concerning Mr. Biden, “So thanks for the free 

commercial about all the things Joe Biden didn’t get done for the eight years he was Vice President.” 

 

41 Lee Moran, Lawrence O’Donnell Runs Video Of Kellyanne Conway Allegedly Breaking The Law, Huffpost (May 2, 

2019), https://www.huffpost.com/entry/lawrence-odonnell-kellyanne-conway-breaking-lawvideo_n_5ccaa095e4b0e4d7572da402?ncid=APPLENEWS00001&guccounter=1. 
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Ms. Conway also commented that she found it “fascinating” that Mr. Biden said he asked former 

President Obama not to endorse him and that it was also going to be “fascinating” to watch the 

Democratic candidates who were not doing well in the polls. On the topic of those Democratic 

candidates, Ms. Conway dismissively said, “I can talk about them too if you like, no problem.” 

* * * 

The facts set forth above show that Ms. Conway engaged in a well-established pattern of using 

her official authority as a platform to engage in blatantly partisan attacks. Such political activity in her 

official capacity constitutes a clear and continuing violation of the Hatch Act. 

C. Ms. Conway violated the Hatch Act’s prohibition against using her official authority or 

influence for the purpose of affecting the result of an election by engaging in both official 

and political activity on her Twitter account, “@KellyannePolls.” 

As discussed above, OSC has advised that the Hatch Act prohibits an employee from engaging 

in political activity on a personal social media account if the employee also uses that account for 

official purposes. OSC reviewed over six months of posts on Ms. Conway’s Twitter account, 

“@KellyannePolls,” and discovered that Ms. Conway frequently posts both official and political 

messages on her account, in violation of the Hatch Act. 

1. Ms. Conway used her Twitter account for official purposes. 

Ms. Conway has one Twitter account, “@KellyannePolls,” which she created in January 2012, 

and has used as a tool to execute her official duties. Since Ms. Conway became Counselor to the 

President, the public has looked to Ms. Conway’s account for news and announcements.42 In fact, 

about 2.7 million people follow her account, a number that has more than quintupled since she 

assumed her official position with the White House. Furthermore, Ms. Conway confirmed her use of 

“@KellyannePolls” as a communication tool for official matters by appearing on a cable news network 

in her official capacity to discuss the President’s upcoming State of the Union address, border security, 

and abortion and, in that same interview, directed viewers to “@KellyannePolls” for more official 

information.43

OSC reviewed several months’ worth of posts on “@KellyannePolls” and found that the 

majority of Ms. Conway’s posts were about official Administration actions, policies, and priorities.44 

Ms. Conway regularly posted about the White House’s efforts to combat the opioid crisis, a topic 

 

42 The media consults “@KellyannePolls” to prepare for interviews during which Ms. Conway speaks in her official 

capacity. See Fox & Friends, Kellyanne Conway: After 2 years wasted on the Russia probe, Democrats are running out of 

time for 2020 Fox News Channel (Mar. 25, 2019), https://video.foxnews.com/v/6017702424001/#sp=show-clips. The 

media also tweets at “@KellyannePolls” when referring to her official statements. See, e.g., Mark Knoller (@markknoller), 

Twitter (Dec. 14, 2018, 11:05 AM), https://twitter.com/markknoller/status/1073655306096386048 and Mark Knoller 

(@markknoller), Twitter (Dec. 11, 2018, 7:08 AM), https://twitter.com/markknoller/status/1072508329577144321. 43 Fox & Friends, Kellyanne Conway previews President Trump’s ‘uplifting’ State of the Union address, Fox News Channel 

(Feb. 5, 2019), https://video.foxnews.com/v/5998668431001/#sp=show-clips. 44 OSC reviewed posts from September 2018 to May 2019. 
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directly related to her role in the Administration.45 Ms. Conway also often retweeted the official posts 

of other Administration principals and videos of herself giving media interviews in her official 

capacity. Mixed with these official posts were retweets of stories about, or comments on, current news 

and events, which often mirrored the Administration’s talking points. While a few personal messages 

appeared on Ms. Conway’s Twitter feed, the bulk of the posts were related to her official duties.46

2. Ms. Conway used her Twitter account for partisan political purposes. 

Ms. Conway also engaged in political activity on “@KellyannePolls” on many occasions. OSC 

determined that between October 31 and November 6, 2018, Ms. Conway posted at least 15 messages 

in support of candidates running in the midterm elections or the Republican Party. For example, on 

November 1, 2018, Ms. Conway tweeted, “Missed you, #Michigan! The stakes are high. The choice 

is clear. Vote on Tuesday for @SchuetteOnDuty @JohnJamesMI @MIGOP to protect prosperity and 

freedom. Get to the polls!”47 Three days before the 2018 midterm elections, on November 3, 2018, 

Ms. Conway responded to a message from the Republican Party Chairwoman by saying: “In my 

travels, blue-collar workers especially ask me to thank @POTUS for keeping his promises, for 

providing them with more dignity and more dollars through his trade, tax and deregulation policies. 

Vote @GOP to keep the gains going.” 

 In February 2019, as Democratic Party candidates began to announce their presidential 

campaigns, Ms. Conway tweeted messages in opposition to those candidates and in support of 

President Trump’s candidacy. On February 1, 2019, Ms. Conway retweeted a Washington Examiner

article and added, “What does Cory Booker have against all the women already running for President? 

Are they not good enough? Too weak? Not likeable? (They’re certainly liberal enough) (Pretend he’s 

a Republican when you read this).” On the same day, Ms. Conway posted “Listen for it” and attached 

a tweet from CNN’s Allie Malloy quoting Ms. Conway, “First WH reaction on Cory Booker running 

for 2020 from @KellyannePolls: ‘I think Cory Booker often sounds like a Hallmark card and not 

necessarily a person who’s there to tell you everything he’s accomplished in the United States Senate 

and as Mayor of Newark.’” On February 5, 2019, Ms. Conway tweeted, “He’s got this. 

#2020:I’mWithHim. @realDonaldTrump” along with an image of several declared Democratic Party 

presidential candidates. On February 11, 2019, Ms. Conway retweeted Ryan Fournier’s post, “Senator 

Elizabeth Warren lives in a $5.4 million dollar mansion, claimed ‘Native American’ status to score a 

Harvard gig paying $350,000 to teach one class, and now lectures us that ‘the system is rigged to 

benefit the rich.’” 

 On March 13, 2019, Ms. Conway tweeted in response to a CNBC message about Elizabeth 

Warren’s comment that she had “‘zero’ sympathy for parents caught in the college admissions scam,” 

“What a coincidence. I have ‘zero’ sympathy for adults who lie that they are Native American to gain 

advantage.” Ms. Conway also targeted Mr. Biden for criticism on March 31, 2019, when she tweeted, 

 

45 See The White House, supra note 15. 

46 For example, on April 25, 2019, Ms. Conway retweeted a Philadelphia Eagles’ post, which welcomed a new player to the 

football team. 

47 In the same message, Ms. Conway also explained that she would be unable to attend a Republican get out the vote event 

in Michigan. 
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“Other problems for @JoeBiden: Pres. Obama has not endorsed; Dem donors/talent with other 

candidates; Stacey Abrams seems to have rebuffed his advances to make her VP on his ticket, smartly 

saying if she were to run, it would be for top spot, not #2.” The March 31 message also included a 

retweet of “@FoxNewsSunday,” which quoted Ms. Conway as saying, “If anybody just types in 

‘Creepy Uncle Joe Videos’ you come up with a treasure trove... I think Joe Biden has a big problem 

here because he calls it affection and handshakes, his party calls it completely inappropriate.” Finally, 

on May 7, 2019, Ms. Conway retweeted Donald Trump Jr.’s post: “What happens when you compare 

the Trump economy to the Obama economy? Hint: Obama doesn’t fair too well. #MAGA [Trump 

campaign advertisement video],” and she wrote, “You mean the Obama-Biden economy, 

@DonaldJTrumpJr?” 

Ms. Conway violated the Hatch Act when she used “@KellyannePolls” to engage in political 

activity. She posted photos and videos of herself acting in her official capacity, often referenced, 

retweeted, commented on, or otherwise shared material related to the Administration’s official 

activities, and directed viewers to the account during an official interview. Therefore, Ms. Conway 

used the account for official purposes. At the same time, Ms. Conway often used this account to 

advocate explicitly for the election of Republican candidates in the 2018 midterm elections and 

criticize 2020 Democratic Party candidates. In fact, she recently retweeted a Trump campaign video. 

This activity, which is ongoing, is directed at bolstering the President’s candidacy and that of other 

Republicans and defeating Democratic Party candidates and, therefore, constitutes political activity. 

Because Ms. Conway uses “@KellyannePolls” for both official purposes and political activity, she has 

violated the Hatch Act’s prohibition against using her official authority or influence for the purpose of 

interfering with or affecting the result of an election. 

 

IV. CONCLUSION 

A. Ms. Conway’s Hatch Act violations are egregious, notorious, and ongoing. 

Beginning in February 2019, Ms. Conway, while in her official capacity, engaged in a pattern 

of political activity in violation of the Hatch Act. In a number of media appearances during this period 

she openly criticized Democratic Party presidential candidates shortly after they announced their 

candidacy. For example, Ms. Conway criticized some candidates for lacking in vision, being “sexist” 

and “tinny,” or “lying” about their ethnicity. Ms. Conway repeatedly attacked Senator Sanders and 

Mr. Biden when she derisively referred to both candidates as “two old white straight men career 

politicians” and denigrated Senator Sanders’s ideas as “terrible for America.” In one interview, Ms. 

Conway brought up Mr. Biden unprompted on at least four separate occasions and repeated her refrain 

that he lacks any “vision” and does not want “to be held to account for the Obama-Biden legacy.” Ms. 

Conway also compared the Democratic Party candidates to “woodchips.” This type of partisan 

rhetoric, although lawful on the campaign trail, violates the Hatch Act when the speaker is a White 

House employee acting in her official capacity. 

Ms. Conway’s critiques of newly announced candidates were clearly aimed at influencing 

voters and the election. Indeed, OSC’s investigation revealed at least 10 interviews where Ms. 

Conway used her official authority in an attempt to influence the presidential election. The sheer 

number of occurrences underscores the egregious nature of her violations. And her actions suggest 
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indifference to, or unwillingness to carry out, her responsibility to abstain from prohibited political 

activity. 

Similarly, Ms. Conway used “@KellyannePolls” for dual purposes —disseminating both 

official and political messages. Just days before the November 2018 midterm elections, she posted at 

least 15 messages in support of candidates or the Republican Party. Even after OSC informed Ms. 

Conway that she was violating the Hatch Act and requested that she comply with the law, she 

continued to misuse “@KellyannePolls.” She advocated for President Trump’s candidacy by writing 

in a tweet “#2020:I’mWithHim,” and she opposed various Democratic Party candidates by, for 

example, posting that Senator Booker sounded “like a Hallmark card” and Mr. Biden was “Creepy 

Uncle Joe.” This partisan speech is violative of the Hatch Act on a Twitter account used for official 

purposes. 

B. Ms. Conway has clear knowledge of the Hatch Act and yet continues to disregard the law.

Ms. Conway is well informed about the Hatch Act. The Office of White House Counsel 

advised Ms. Conway about the Hatch Act’s restrictions through a formal ethics training session, 

individual conversations, and multiple written communications.48 And in March 2018, OSC issued a 

report to the President finding that Ms. Conway twice violated the Hatch Act by engaging in political 

activity directed at the failure of Democratic Senatorial candidate Doug Jones in the Alabama special 

election. 

Ms. Conway again was informed about the Hatch Act after OSC received the October 2018 

complaint about her Twitter account. Following that complaint, OSC made several requests that she 

bring her Twitter activity into compliance with the Hatch Act, including sending a letter on December 

20, 2018, to Ms. Conway about her impermissible Twitter use. In that letter, OSC informed Ms. 

Conway that she was engaging in both official and political activity on “@KellyannePolls” in violation 

of the Hatch Act, and OSC requested that Ms. Conway cure her ongoing violation by taking several 

steps to disentangle the political and official content on her account.49 But Ms. Conway did not take 

any noticeable steps to bring her Twitter account into compliance with the law. 

 In furtherance of our efforts to bring Ms. Conway into compliance, OSC attempted to work 

with the Office of White House Counsel, including discussing Ms. Conway’s actions on a couple of 

occasions. At about this time, OSC also learned that Ms. Conway was using official media 

appearances to advocate for President Trump’s candidacy and against the Democratic Party 

challengers. Therefore, during those discussions, OSC informed the Office of White House Counsel 

that Ms. Conway’s Twitter use violated the Hatch Act and her political activity during official media 

appearances raised similar concerns. Subsequently, OSC sent a letter to the Deputy Counsel to the 

 

48 For a fuller discussion of Ms. Conway’s Hatch Act knowledge, please see OSC’s March 6, 2018 report at: 

https://osc.gov/Resources/Conway%20HA-18-0966%20Final%20Report.pdf. 

49 OSC informed Ms. Conway that either she could create a separate official Twitter account or, if she was going to 

continue using “@KellyannePolls” for official purposes, she must delete all existing political activity and cease to engage 

in political activity on the account. 
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President on April 9, 2019, again requesting that Ms. Conway comply with the Hatch Act as it related 

to her Twitter account, but to no avail. OSC also began reviewing Ms. Conway’s media interviews. 

C. Ms. Conway’s conduct warrants her removal. 

In light of her knowledge of the Hatch Act’s prohibitions and the fact that just last year OSC 

sent a disciplinary action referral to the President for similar violations, Ms. Conway’s decision to 

continue using her media outreach to attack Democratic Party candidates is unacceptable. Ms. 

Conway’s continued promotion of her partisan political views during official media appearances in 

April and May 2019 is especially troubling given that OSC advised the Office of White House Counsel 

that her activity was in violation of the Hatch Act on several occasions in March of this year. 

Likewise, Ms. Conway continued to use her Twitter account in violation of the law despite 

OSC’s explicit warnings and instructions in December 2018 and April 2019 that she cease doing so. 

Although Ms. Conway may promote the President’s agenda and defend the Administration while 

performing her official duties, she is prohibited from expressing her electoral preferences. Here, after 

being fully apprised of the Hatch Act’s prohibitions, Ms. Conway continued to campaign for the 

President and against Democratic candidates while acting in her official capacity. 

Ms. Conway’s persistent, notorious, and deliberate Hatch Act violations have created an 

unprecedented challenge to this office’s ability to enforce the Act, as we are statutorily charged. She 

has willfully and openly disregarded the law in full public view. As recently as May 29, 2019, Ms. 

Conway defiantly rejected the Hatch Act’s application to her activities, dismissed OSC’s 2018 

findings, and flippantly stated, “Let me know when the jail sentence starts.”50 And she made it clear 

that she has no plans to cease abusing her official position to influence voters. 

Ms. Conway’s conduct undermines public confidence in the Executive branch and 

compromises the civil service system that the Hatch Act was intended to protect. Her knowing and 

blatant disregard for the law aggravates the severity of her numerous violations. The Merit Systems 

Protection Board (MSPB), which adjudicates Hatch Act violations, repeatedly has held that removal is 

the appropriate discipline when employees were warned and/or had substantial knowledge before 

engaging in prohibited political activity.51 In accordance with MSPB precedent involving similar 

aggravating factors, OSC respectfully requests Ms. Conway’s removal from federal service. 

 

50 See Brett Samuels, supra note 1. 

51 See, e.g., Special Counsel v. Lewis, 121 M.S.P.R. 109 (2014); Special Counsel v. Ware, 114 M.S.P.R. 128 (2010); 

Special Counsel v. Briggs, 110 M.S.P.R. 1 (2008); Special Counsel v. Acconcia, 107 M.S.P.R. 60 (2007); Special Counsel 

v. Eisinger, 103 M.S.P.R. 252 (2006); and Special Counsel v. Simmons, 90 M.S.P.R. 83 (2001).