The Office of Special Counsel on Thursday recommended the removal of White House counselor Kellyanne Conway from federal office for violating the Hatch Act, which bars federal employees from engaging in political activity in the course of their work.

The report submitted to President Donald Trump found that Conway violated the Hatch Act on numerous occasions by "disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media."

The agency said that because Conway was a "repeat offender," it was recommending that she be removed from federal office.

However, the decision about whether to remove Conway is up to Trump.

"Because Kellyanne Conway is a presidential appointee, the Office of Special Counsel itself does not have authority to discipline her," said Daniel Jacobson, who worked at the White House Counsel's Office under President Obama advising on ethics and compliance matters. "They can only recommend disciplinary measures and it is up to the president to take up the recommendation or not."

A senior White House official said Thursday the president is unlikely to punish Conway and instead will defend her. The White House counsel immediately issued a letter calling for the agency to withdraw its recommendation that Conway be removed.

In the past, Trump has privately dismissed concerns about the Hatch Act, sympathizing with aides found to have violated it, according to current and former White House officials.

Conway did not immediately reply to a request for comment.

The White House called the agency's assessment of Conway's actions "deeply flawed and violate her constitutional rights to free speech and due process."

"Others, of all political views, have objected to the OSC's unclear and unevenly applied rules which have a chilling effect on free speech for all federal employees," deputy White House press secretary Steven Groves said in a statement. "Its decisions seem to be influenced by media pressure and liberal organizations, and perhaps OSC should be mindful of its own mandate to act in a fair, impartial, nonpolitical manner, and not misinterpret or weaponize the Hatch Act."

The Office of Special Counsel is an independent federal agency charged with enforcing the Hatch Act and other civil service rules. The office is run by Henry Kerner, whom Trump nominated to the post. It is a separate agency than the office run by now-former special counsel Robert S. Mueller III, who led the investigation into Russian interference.

In a letter to Kerner, the White House requested his office to withdraw and retract its report recommending Conway's removal.

White House counsel Pat Cipollone wrote that the office has inconsistently applied Hatch Act standards across Democratic and Republican administrations, and did not provide Conway enough time to respond to its allegations.

The office has no legal authority to establish binding social media rules for federal employees, and has applied an "overbroad interpretation" of the Hatch Act, Cipollone wrote.

"The White House takes seriously the principles codified in the Hatch Act and has continued to take affirmative steps to ensure compliance. At the same time, the White House must ensure that OSC exercises its significant authority in an appropriate and neutral manner," Cipollone wrote.

The agency's recommendation that Conway be removed was a rare move, according to Jacobson.

"How unique is this? I am not aware of any other time, to my mind, ever, where the Office of Special Counsel has recommended the removal of a White House presidential appointee," Jacobson said.

The Office of Special Counsel has found numerous Hatch Act violations by Conway.

In 2017, she was upbraided for touting the clothing line sold by Trump's daughter Ivanka Trump. The White House said Conway was "counseled" after that misstep, but no further disciplinary action was taken.

In 2018, Conway violated the Hatch Act on two occasions by making public comments supportive of one candidate and against another ahead of a special Senate election in Alabama last year.

Conway has brushed off the findings.

"Blah, blah, blah," Conway said last month when asked about the violations. "If you're trying to silence me through the Hatch Act, it's not going to work. Let me know when the jail sentence starts."

The reprimands of Conway are among a series of Hatch Act violations by Trump administration officials.

In late 2018, the Office of Special Counsel found six White House officials in violation of the law for using their official Twitter accounts to send or display political messages supporting Trump.

Others sanctioned by the Office of Special Counsel for political messages include former interior secretary Ryan Zinke; Stephanie Grisham, the first lady's spokeswoman; Dan Scavino, former White House social media director; and Nikki Haley, former U.S. ambassador to the United Nations.

Trump often praises Conway on TV and appreciates the way she deflects questions and attacks his political enemies, current and former White House aides said.

"She'll do the shows that nobody else dares go near," Trump said in a speech last spring praising her. "She'll just -- I'll say, do this one or that one. No problem sir. Others say, sir, do you think I could take a pass please, I beg you please. Great going, Kellyanne. Thank you. What a help." </s> In a Thursday report sent to President Trump, the U.S. Office of Special Counsel has recommended Kellyanne Conway “be removed from federal service” after “numerous” violations of the Hatch Act. Conway repeatedly violated that U.S. law, the office said, by making public political comments “disparaging Democratic presidential candidates” while serving as senior adviser to Trump.

“Ms. Conway’s violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act’s restrictions. Her actions thus erode the principal foundation of our democratic system—the rule of law.”

The White House responded to the report, calling the “deeply flawed” recommendation a violation of Conway’s “constitutional rights to free speech and due process.” Deputy Press Secretary Steven Groves said in a statement: “It's decisions seem to be influenced by media pressure and liberal organizations.”

This is the second report to conclude Conway violated the Hatch Act, after a March 2018 OSC investigation into two separate TV interviews in which Trump’s ex-campaign manager advocated for and against candidates in the 2017 Alabama special election for U.S. Senate. </s> Kellyanne Conway, a top advisor to President Donald Trump, violated the federal law prohibiting some political activity by high-level officials with her comments in two television interviews about the special election for a Senate seat from Alabama, the U.S. Office of Special Counsel said Tuesday.

That investigatory office said it has sent its report on Conway's actions to Trump for "appropriate disciplinary action."

But the White House quickly disputed the report's findings on Conway's so-called Hatch Act violations.

The report said that in her two TV interviews, "Conway appeared in her official capacity" and in one case "advocated against one Senate candidate and gave an implied endorsement of another candidate."

"In the second interview, she advocated for the defeat of one Senate candidate and the election of another candidate," according to the office, which is a permanent independent federal investigative and prosecutorial agency.

"Both instances constituted prohibited political activity under the Hatch Act and occurred after Conway received significant training on Hatch Act prohibitions," according to the report from the office.

The agency is not connected to the office of special counsel Robert Mueller, who was appointed by the Justice Department to investigate Russian interference in the 2016 presidential election.

The OSC said it gave Conway the opportunity to respond to the allegations and to its findings, but she did not.

White House spokesman Hogan Gidley said in response to the report: "Kellyanne Conway did not advocate for or against the election of any particular candidate. She simply expressed the President's obvious position that he have people in the House and Senate who support his agenda."

"In fact, Kellyanne's statements actually show her intention and desire to comply with the Hatch Act – as she twice declined to respond to the host's specific invitation to encourage Alabamans to vote for the Republican," Gidley said.

The OSC noted that federal employees, including employees designated as "commissioned officers" in the White House, are subject to the restrictions set by the Hatch Act.

"While commissioned officers may engage in some political activity, they are still barred from using their official authority or influence to interfere with or affect elections," the office said. "Although the President and Vice President are exempt from the Hatch Act, their employees are not."

The office said that on Nov. 20, Conway appeared in her official capacity on Fox News' "Fox & Friends" "and discussed why voters should not support Democrat Doug Jones in the Alabama special election for U.S. Senate."

"On December 6, 2017, Conway appeared in her official capacity on CNN's New Day and discussed why voters should support Republican Roy Moore and not Democrat Doug Jones in the Alabama special election for U.S. Senate," the office said.

"While the Hatch Act allows federal employees to express their views about candidates and political issues as private citizens, it restricts employees from using their official government positions for partisan political purposes, including by trying to influence partisan elections," the report says.

"In passing this law, Congress intended to promote public confidence in the Executive branch by ensuring the federal government is working for all Americans without regard to their political views," the office said.

This isn't the first time Conway has been formally cited for using her official position to make an endorsement that she is not allowed to, by law.

In February 2017, less than a month into Trump's presidency, Conway responded to the news of retailers cutting ties with Ivanka Trump's clothing line by saying on Fox News, "Go buy Ivanka's stuff is what I would tell you. It's a wonderful line. I own some of it. I'm going to give a free commercial here. Go buy it today, everybody."

Rules from the Office of Government Ethics generally prohibit executive branch employees from endorsing products in their official capacities as White House representatives.

Conway was appearing on TV in her official capacity, so she violated that rule.

After members of Congress complained, the White House Office of Legal Counsel reported that lawyers had spoken to Conway twice after the appearance, to reiterate the rules and ensure that they were fully understood.

In a follow-up letter to Congress, then White House deputy counsel Stefan Passantino wrote that after speaking to Conway, "We concluded that Ms. Conway acted inadvertently and is highly unlikely to do so again." </s> WASHINGTON — A federal watchdog agency on Thursday recommended that White House counselor Kellyanne Conway be fired for repeatedly violating a law that limits certain political activities of federal employees.

The U.S. Office of Special Counsel, which is unrelated to special counsel Robert Mueller's office, said Conway is a "repeat offender" of the Hatch Act by disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.

Conway told reporters who encountered her in the White House press office, "I have no reaction."

White House spokesman Steven Groves called the watchdog agency's decision "unprecedented" and "deeply flawed" and said it violated Conway's constitutional rights to free speech and due process.

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"Its decisions seem to be influenced by media pressure and liberal organizations — and perhaps OSC should be mindful of its own mandate to act in a fair, impartial, non-political manner, and not misinterpret or weaponize the Hatch Act," Groves said in a statement.

The Office of Special Counsel noted that, during a May 29 media interview, Conway minimized the significance of the law as applied to her.

When asked about the Hatch Act, the office stated that she replied: "If you're trying to silence me through the Hatch Act, it's not going to work," and "Let me know when the jail sentence starts."

The office had found in March 2018 that Conway violated the Hatch Act during two television interviews in which she advocated for and against candidates in the 2017 Alabama special election for U.S. Senate.

Career government officials found to have violated the Hatch Act can be fired, suspended or demoted, and fined up to $1,000.

Conway has been an unwavering defender of President Donald Trump on cable news. Trump has praised her for her "success" in her career. </s> CLOSE A report by the Office of Special Counsel described Kellyanne Conway's offenses as "egregious, notorious and ongoing." USA TODAY

WASHINGTON – A federal watchdog agency recommended Thursday that Kellyanne Conway, a senior aide to President Donald Trump, be removed from office after repeatedly violating a federal law that prohibits political speech in her official capacity.

Conway, a counselor to the president, is a "repeat offender" of the Hatch Act for disparaging Democratic presidential candidates and for two television interviews in which she spoke for and against Alabama candidates for U.S. Senate in 2017, according to the Office of Special Counsel. The report described her offenses as "egregious, notorious and ongoing."

Special Counsel Henry Kerner said in a letter Thursday to Trump that his office had investigated aides to presidents of both parties and never before found repeated violations by the same person.

White House counselor Kellyanne Conway takes verbal jabs at House Speaker Nancy Pelosi after a White House meeting that dissolved into rancor last month. (Photo: AP)

"Ms. Conway's disregard for the restrictions the Hatch Act places on executive branch employees is unacceptable," Kerner wrote. "Ms. Conway's actions and statements stand in stark contrast to the culture of compliance promised by your White House counsel and undermine your efforts to create and enforce such a culture."

Counting the violations: All the times Kellyanne Conway ran afoul of a federal watchdog over the Hatch Act

Steven Groves, a White House deputy press secretary, immediately hit back, accusing the agency of "flawed" reasoning. Groves said the law cited by the Office of Special Counsel is unclear and applied unevenly.

“The Office of Special Counsel’s unprecedented actions against Kellyanne Conway are deeply flawed and violate her constitutional rights to free speech and due process," Groves said.

White House counsel Pat Cipollone replied to Kerner with an 11-page letter that said the report “was the product of a fatally flawed process." Cipollone said Conway wasn’t given a reasonable opportunity to respond to complaints, and her proposed removal risked violating Conway’s First Amendment rights and could chill free speech for all federal workers.

“Indeed the report is based on numerous grave legal, factual and procedural errors,” Cipollone said. “OSC’s overreaching recommendation is wholly unsupported by any statute or the Constitution.”

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Cipollone asked for more information by June 26 about how Kerner compiled the report so the White House could provide a formal response.

The report cited Conway's statements beginning in February in which she disparaged Democratic presidential candidates. She called Sen. Cory Booker, D-N.J., "sexist" and a "tinny" motivational speaker. Conway also said Sen. Elizabeth Warren, D-Mass., was "lying" about her ethnicity and "appropriating somebody else's heritage." Of former Rep. Beto O'Rourke of Texas, Conway suggested he didn't think "women running are good enough to be president."

In an interview on "Fox and Friends" on Feb. 11, Conway said Trump had the "presidential timber" to be reelected, while Democrats were "a bunch of presidential woodchips." She then described several of the candidates, calling Sen. Amy Klobuchar of Minnesota as "a very nice person, I guess unless you're on her staff" and questioning the credibility of Sen. Kirsten Gillibrand of New York eating chicken "apparently for the first time" in her 50s.

Kerner's office had reported in March 2018 that Conway "impermissibly mixed official government business with political views" when she gave television interviews on CNN and Fox late in 2017, taking sides in Alabama's special election for the Senate.

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The Office of Special Counsel is an independent federal agency that investigates whistle-blower complaints but doesn't prosecute cases itself. The agency is not connected to Robert Mueller, the former Justice Department special counsel who investigated Russian interference in the 2016 election.

Since Conway is a presidential appointee, Trump would have to decide on any discipline.

Rep. Elijah Cummings, a Democrat who chairs the House Oversight and Reform Committee, said in a statement he planned to hold a hearing on June 26 with the Office of Special Counsel on the report about Conway.

Cummings said his committee has had "multiple concerns" of its own about Conway and accused her of "brazenly flouting the Hatch Act."

The agency's investigation of Conway followed two complaints from the advocacy group Citizens for Responsibility and Ethics in Washington. Executive Director Noah Bookbinder joined Kerner in saying Conway should be removed from office to demonstrate the offenses won't be taken lightly.

“Conway’s repeated violations and publicly expressed disdain for the law show a dangerous disregard for governmental ethics, the rule of law and the long-held understanding that government officials should not use their official positions to advance partisan politics," Bookbinder said.

In an interview May 29, 2019, Conway played down the significance of the law by saying, "If you're trying to silence me through the Hatch Act, it's not going to work."

"Let me know when the jail sentence starts," Conway said at the time.

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But the Office of Special Counsel said her violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act.

"Her actions thus erode the principal foundation of our democratic system – the rule of law," Kerner said in his letter.

Shortly after the report was released, Conway was in a White House meeting with Trump and a handful of governors. Trump did not respond to reporters' questions about the report.

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Read or Share this story: https://www.usatoday.com/story/news/politics/2019/06/13/watchdog-kellyanne-conway-should-removed-political-statements/1444402001/ </s> A federal watchdog agency is recommending that White House counselor Kellyanne Conway be fired for repeatedly violating a law that limits certain political activities of federal employees.

The U.S. Office of Special Counsel says Conway has become a "repeat offender" of the Hatch Act by disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.

Steven Groves, a White House deputy press secretary, hit back, accusing the agency of "flawed" reasoning. Groves said the law cited by the Office of Special Counsel is unclear and applied unevenly.

“The Office of Special Counsel’s (OSC) unprecedented actions against Kellyanne Conway are deeply flawed and violate her constitutional rights to free speech and due process," Groves said.

In an interview May 29, 2019, Conway downplayed the significance of the law by saying, "If you're trying to silence me through the Hatch Act, it's not going to work."

But the Office of Special Counsel said her violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act.

"Her actions thus erode the principal foundation of our democratic system – the rule of law," the Office of Special Counsel said in a statement.

The Office of Special Counsel is an independent federal agency that investigates whistle-blower complaints but doesn't prosecute cases itself. The agency is not connected to Robert Mueller, the former Justice Department special counsel who investigated Russian interference in the 2016 election.

Conway's statements cited in the Office of Special Counsel's report disparaging Democratic presidential candidates began in February 2019. Her statements included:
• Conway said Sen. Elizabeth Warren, D-Mass., was "lying" about her ethnicity and "appropriating somebody else's heritage."
• Conway said of former Rep. Beto O'Rourke of Texas that he didn't think "women running are good enough to be president."
• In an interview on "Fox and Friends" on Feb. 11, 2019, Conway said Trump had the "presidential timber" to be reelected, while Democrats were "a bunch of presidential woodchips."
• She then described several of the candidates, calling Sen. Amy Klobuchar of Minnesota as "a very nice person, I guess unless you're on her staff."
• She also questioned the credibility of Sen. Kirsten Gillibrand of New York eating chicken "apparently for the first time" in her fifties. </s> On at least two occasions last year, Kellyanne Conway, a close White House aide to President Donald Trump, violated a law that prohibits government employees from engaging in political campaigns, according to a report published Tuesday by the U.S. Office of Special Counsel.

In a letter to Trump, OSC special counsel Henry Kerner said Conway violated the Hatch Act in two television interviews granted in her “official capacity” in November and December. Kerner wrote that Conway “impermissibly mixed official government business with political views about candidates in the Alabama special election.”

The OSC, which is unrelated to an ongoing investigation by special counsel Robert Mueller, recommended that the president take “disciplinary action” against Conway for ethics violations.

The White House did not immediately respond to a request for comment.

In a statement to NBC News, however, the White House denied that Conway had broken any laws and claimed that her on-air comments “actually show her intention and desire to comply with the Hatch Act ― as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican.”

The OSC’s report concerns interviews Conway gave to Fox News’ “Fox & Friends” and CNN’s “New Day” in November and December, respectively. Conway delivered both interviews from the grounds of the White House and was introduced as “counselor to President Trump.”

During the interviews, Conway discussed Alabama’s special election for U.S. Senate and expressed support for then-candidate Republican Roy Moore.

Moore, a former judge, ran against Democrat Doug Jones, who ultimately won the election as Moore faced allegations of child molestation. </s> WASHINGTON — A federal watchdog agency recommended Thursday that President Donald Trump fire one of his most ardent defenders, counselor Kellyanne Conway, for repeatedly violating a law that limits political activity by government workers.

The U.S. Office of Special Counsel, which is unrelated to special counsel Robert Mueller's office, said in a letter to Trump that Conway has been a "repeat offender" of the Hatch Act by disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.

Federal law prohibits employees of the executive branch from using their official authority or influence to affect the result of an election. Trump and Vice President Mike Pence are exempt from the Hatch Act, but there are no exceptions for White House employees.

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The agency does not have the authority to fire Conway, who was appointed by Trump, so it would be up to the president to follow its recommendation and dismiss one of his most unwavering defenders. The recommendation to fire Conway is the first time the watchdog office has recommended the removal of a White House official over Hatch Act violations.

Special Counsel Henry Kerner's letter to Trump states: "Ms. Conway's violations, if left unpunished, send a message to all federal employees that they need not abide by the Hatch Act's restrictions. Her actions erode the principal foundation of our democratic system — the rule of law."

Conway told reporters who encountered her in the White House press office, "I have no reaction."

White House spokesman Steven Groves called the agency's decision "unprecedented" and "deeply flawed" and said it violated Conway's constitutional rights to free speech and due process.

"Its decisions seem to be influenced by media pressure and liberal organizations — and perhaps OSC should be mindful of its own mandate to act in a fair, impartial, non-political manner, and not misinterpret or weaponize the Hatch Act," Groves said in a statement.

A summary of the investigation into Conway stated that beginning in February, Conway engaged in a pattern of partisan attacks on Democratic presidential candidates. She called Sen. Cory Booker of New Jersey "sexist" and a "tinny" motivational speaker. In another interview, she accused Sen. Elizabeth Warren of Massachusetts of "lying" about her ethnicity and "appropriating somebody else's heritage." And she attacked former U.S. Rep. Beto O'Rourke of Texas for not thinking the women running "are good enough to be president." It also cited her description of former Vice President Joe Biden as lacking "vision."

The summary also noted that she used her Twitter account to conduct political activity. For example, she retweeted a March 31 message that referred to Biden as "Creepy Uncle Joe" and "took it upon herself to outline other faults she found in Mr. Biden's candidacy," the report said.

The Office of Special Counsel also noted that, during a May 29 media interview, Conway minimized the significance of the law as applied to her.

When asked during the interview about the Hatch Act, Conway replied: "If you're trying to silence me through the Hatch Act, it's not going to work," and "Let me know when the jail sentence starts."

Kerner told Trump in his letter that career staff in his office have long conducted thorough and impartial investigations of alleged Hatch Act violations by senior officials in administrations from both parties.

"Never has OSC had to issue multiple reports to the President concerning Hatch Act violations by the same individual," Kerner wrote. "Ms. Conway's actions and statements stand in stark contrast to the culture of compliance promised by your White House Counsel and undermine your efforts to create and enforce such a culture."

Kerner said he therefore would "respectfully request" that Conway be held to the same standards as other federal employees and that "you find removal from federal service to be the appropriate disciplinary action."

In March 2018, the Office of Special Counsel found that Conway violated the law during two television interviews in which she advocated for and against candidates in the 2017 Alabama special election for U.S. Senate .

The Office of Special Counsel is an independent agency that protects federal employees from prohibited personnel practices, especially reprisal for whistleblowing.

Career government officials found to have violated the Hatch Act can be fired, suspended or demoted, and fined up to $1,000. The 1939 law allows government officials to personally donate money to political committees or engage in a variety of partisan activities, so long as they do so during their personal time and don't use government resources.

Conway has been a fiery defender of Trump, doing so during frequent appearances on cable TV news programs and in answering questions from reporters at the White House. Trump has praised her for her "success" in her career.

Conway is a former pollster who helped Trump win election in 2016 as his campaign manager. </s> WASHINGTON — A federal watchdog says White House counselor Kellyanne Conway violated the federal law prohibiting government officials from using their positions to influence political campaigns.

The Office of Special Counsel, which is unrelated to Robert Mueller’s office, says Conway violated the Hatch Act twice last year when she spoke out in support of Republican Roy Moore and against his Democratic rival, Sen. Doug Jones, in the Alabama Senate race.

“Ms. Conway, in her official capacity, attempted to influence the Alabama special election by advocating for the success and failure of candidates in that race,” the report stated. Her comments came in separate interviews with Fox News and CNN.

Special Counsel Henry Kerner sent his office’s findings to President Donald Trump on Tuesday “for appropriate disciplinary action.” Because she is a presidential appointee, it is up to Trump to decide what — if any — punishment she will receive.

 The White House disputed the independent agency’s findings.

“Kellyanne Conway did not advocate for or against the election of any particular candidate,” deputy press secretary Hogan Gidley said in a statement. “She simply expressed the President’s obvious position that he have people in the House and Senate who support his agenda.”

“In fact, Kellyanne’s statements actually show her intention and desire to comply with the Hatch Act – as she twice declined to respond to the host’s specific invitation to encourage Alabamans to vote for the Republican,” Gidley added.

Career government officials found to have violated the Hatch Act can be fired, suspended or demoted, and fined up to $1,000.

Conway came under fire for violating a different ethics provision last year, when she pushed Trump supporters to purchase products sold under the Ivanka Trump brand. The White house told the Office of Government Ethics she was “highly unlikely” to do so again and that it was providing her with additional ethics training.

The report said Conway did not respond to multiple requests from the Office of Special Counsel to explain her comments.

In its response to the special counsel’s office, the White House argued that Conway’s job includes the role of providing “commentary” on Trump’s thinking, and that the unique circumstances of the Moore race need to be considered. Moore faced multiple allegations of sexual assault against teenagers, prompting Trump and the Republican National Committee to withdraw support, only to re-endorse Moore amid a contentious Senate debate on the GOP tax bill.

The Office of Special Counsel found that the White House reasoning “lacks merit,” adding that Conway’s comments went beyond commentary.

Walter Shaub, the former director of the Office of Government Ethics who is the senior director of the Campaign Legal Center, the nonpartisan group which filed the OSC complaints against Conway, called on Trump to take disciplinary action against her.

“The White House cannot continue to have one standard for the federal workforce generally and a lower standard for appointees who are close to this President,” Shaub said in a statement.
The U.S. Office of Special Counsel (OSC) recommends that the Trump administration remove Kellyanne Conway from her office as senior aide to President Trump because of her repeated violations of the Hatch Act of 1939. The Trump administration rejects the OSC's recommendations, saying they "are deeply flawed and violate [Conway's] constitutional rights to free speech and due process."