The Department of Housing and Urban Development (HUD) has ignited debate after prominently displaying a message about the “Radical Left” on its official website. This development raises serious questions regarding a potential Hatch Act violation, particularly as tensions escalate between the White House and congressional Democrats over an impending government funding deadline.
On Tuesday morning, visitors to HUD.gov were greeted with a pop-up window and a striking red banner that read: “The Radical Left are going to shut down the government and inflict massive pain on the American people unless they get their $1.5 trillion wish list of demands.” The statement further asserted, “The Trump administration wants to keep the government open for the American people.” In a similar vein, HUD Secretary Scott Turner shared a post on his official X account, stating that the message had been reflected on HUD’s website.
Kevin Owen, a partner at Gilbert Employment Law, expressed concerns that the website’s message likely constitutes a violation of the Hatch Act. He explained, “The fact that it has been posted on an agency website on behalf of an agency does not make it immune from Hatch Act prosecution. In fact, it makes it more likely that the individuals who have posted this were acting in their official capacity and not in their personal political speech.”
The Hatch Act, enacted over 86 years ago, restricts political activities of federal employees to ensure the impartiality of government agencies. Owen noted that the phrasing used in the HUD message could be interpreted as partisan, thereby heightening the likelihood of a Hatch Act violation. He suggested that if the message had been framed differently—such as, “The President wants to keep the government open, but Congress is not doing its job on funding”—it might not have raised legal concerns.
In response to inquiries from Federal News Network, HUD spokesman Matthew Maley defended the agency’s messaging. He argued that the focus should be on the implications of a government shutdown for American citizens rather than the banner itself. Maley stated, “The Far Left is barreling our country toward a shutdown, which will hurt all Americans. At HUD, we are working to keep critical services online and support our most vulnerable.”
The timing of the HUD message coincides with ongoing negotiations between House and Senate Democratic leadership and Republican leaders, who are at an impasse over healthcare subsidies that are set to expire soon. While Democrats demand an extension of these subsidies, the White House and Republicans advocate for a “clean” seven-week continuing resolution.
The Office of Special Counsel (OSC), responsible for investigating Hatch Act violations, has yet to comment on the situation. Legal expert Ryan Nerney suggested that while the message raises valid questions, there are uncertainties regarding its authorship and whether the term “radical left” constitutes political content. He indicated that a complaint could potentially lead to an OSC investigation, depending on the circumstances.
A HUD official, speaking on background, maintained that the message was intentionally crafted to address an ideology rather than a specific political party or individual. However, if the OSC decides to pursue an investigation, the key question will revolve around who authorized the message's publication. Owen emphasized that the involvement of any HUD personnel in disseminating political content using government resources could substantiate a Hatch Act violation.
As the situation unfolds, it remains to be seen how these developments will impact the ongoing discussions regarding government funding and political accountability.
