There was nothing unlawful or improper about Trump's acceptance speech
It's disappointing that I have to say this, but this not my opinion. My posting the article here is not an indication of agreement. I disagree a lot. Laurence Tribe and Walter Shaub will be alone soon enough to point out the flaws.
mahatmakanejeeves
BY DAVID B. RIVKIN, JR. AND LEE A. CASEY, OPINION CONTRIBUTORS 08/29/20 05:00 PM EDT
THE VIEWS EXPRESSED BY CONTRIBUTORS ARE THEIR OWN AND NOT THE VIEW OF THE HILL
The talking heads and pundits attacking President Trump for giving his Republican National Convention acceptance speech from the White House lawn need to actually read the law. The Hatch Act is a precisely written statute as is appropriate for a law that limits the indisputable First Amendment rights of federal workers and it supports the president.
First and foremost, the Hatch Act explicitly exempts the president and vice president from its strictures. It defines employee, to which the Hatch Acts restrictions apply, as someone other than the President or Vice President. This is constitutionally required because the president is a co-equal branch of the federal government and Congress can no more limit or restrain his political activities than he could limit theirs.
As a result, President Trump was entirely within his legal rights to give his acceptance speech from the South Lawn of the White House. And any members of the White House staff who may have assisted and supported the president on Thursday night also were in compliance with the Hatch Act.
Although the Hatch Act prohibits a wide swath of federal workers including many of the individuals who work in the White House from engaging in political activities while on duty or in any room or building occupied, the White House lawn is not such a room or building. Had Congress intended to extend Hatch Act restrictions to entire government installations or compounds, it could and would have said so.
In addition, there is a further exemption from the relevant Hatch Act restrictions for White House staff members whose work and responsibilities continue beyond normal working hours and while on travel which includes many if not most of them. These individuals are permitted to engage in political activities while on duty and in a federal room or building, as long as the costs associated with that political activity are not paid for by money derived from the Treasury of the United States. The president has stated that the Republican National Committee would be picking up the tab for his White House event (and the fireworks afterwards).
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David B. Rivkin Jr. and Lee A. Casey practice appellate and constitutional law in Washington. They served in the White House Counsels Office and Justice Department under Presidents Reagan and George H.W. Bush.
Laelth
(32,017 posts)What about Pompeos speech? Those were both clear violations of the Hatch Act, and they were both authorized by the President making him (at the very least) an accessory to those crimes.
Lets not pretend that the entire RNC didnt both violate the law and thumb its nose at the law. It did, and it was an intentional display of lawlessness.
-Laelth
Midnight Writer
(21,768 posts)But I agree it is a moot point, legally, because there is no governing authority that will hold Trump responsible.
BKDem
(1,733 posts)Maybe its not even important.
But only a no-class pig like Donald Trump would do it.
Whats that building behind me called?
Its a place of honor that not even your nauseating stench can diminish, Donald.
Laelth
(32,017 posts)Trumps speech (alone) may not have been illegal. Pences speech probably wasnt illegal for the same reason, but McEnnanys speech was definitely illegal, and so was Pompeos. Trump authorized those speeches. As such, he is, at the very least, an accessory to those crimes.
Dont be fooled into believing that the RNC didnt break the law. It did, and it did so in a brazen fashion. The article quoted in the OP may be technically correct, but its underlying purpose is to gaslight you and others.
-Laelth
BKDem
(1,733 posts)I know all the little fascists and the RNC are guilty of Hatch Act violations, and they love rubbing our noses in it. My point is, along with Trump and Pence, they are all manifestly guilty of vastly worse offenses. Like separating families and caging children. Like voter suppression and crippling the USPS. Like...oh, you know. Its a horrifying list. They are monsters.
If anyone can jail some of these creeps for the Hatch Act, I will applaud them. But it will be symbolic, like Capone going down for tax evasion. Ill take it, but it wont be entirely satisfying.
Me.
(35,454 posts)and I accede no credibility to that hawk Rivkin
greenjar_01
(6,477 posts)It's truly unbelievable.
mahatmakanejeeves
(57,488 posts)Wed Jan 22, 2020: On January 20, 1923, Slim Whitman was born.