Kellyanne Conway Should be Disciplined for Ethics Violation, US Agency Tells Trump
Kellyanne Conway, a top adviser to President Donald Trump, should face disciplinary action for using television appearances to promote the Republican candidate in Alabama's special U.S. Senate election last year, the U.S. Office of Special Counsel said in a report to the White House on Tuesday.
March 06, 2018 at 12:54 PM
5 minute read
Updated 2:15 p.m.
Kellyanne Conway, a top adviser to President Donald Trump, should face disciplinary action for using television appearances to promote the Republican candidate in Alabama's special U.S. Senate election last year, the U.S. government office tasked with enforcing restrictions on federal employees' political activity said Tuesday.
In a letter to Trump, special counsel Henry Kerner said that Conway violated the Hatch Act during appearances on Fox News and CNN, in which she spoke in support of Republican candidate Roy Moore and discouraged voters from supporting the eventual winner of the race, Democrat Doug Jones. The office said Conway was acting in her “official capacity” during those interviews and “impermissibly mixed official government business with political views about candidates in the Alabama special election.”
“The Hatch Act prohibits federal employees from using their official authority or influence for the purpose of interfering with or affecting the outcome of an election,” Kerner wrote. “While federal employees may express their views about candidates as private citizens, the Hatch Act restricts employees from using their official government positions for partisan political purposes, including by influencing elections.”
Kerner said Conway was “aware of the Hatch Act's prohibitions when she chose during both interviews to repeatedly identify reasons why voters should support one candidate over another in the Alabama special election.”
The White House denied the special counsel's findings, saying 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,” Deputy Press Secretary Hogan Gidley said in a statement. “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 Alabam[i]ans to vote for the Republican.”
According to Kerner's report, the White House counsel's office provided “brief explanations” for Conway's statements, contending her words “must be viewed through the prism of one whose job function was to provide commentary concerning the president's newsworthy reasoning for his position with respect to a nominee within his party, as well as the impact of the special election on his agenda.”
Conway did not respond to the office's questions, even after indicating in February that she planned to do so, the report said.
Kerner, a former aide to U.S. Sen. John McCain on the Senate Permanent Subcommittee on Investigations, was vice president for investigations at the conservative Cause of Action Institute before the Trump administration nominated him to lead the U.S. Office of Special Counsel.
Kerner's report said Conway had “significant knowledge” of the Hatch Act, having recently undergone formal ethics training. She also received guidance on the law from the White House Counsel's office in individual conversations, and “multiple written communications,” the report said.
The report does not specify or recommend how to reprimand Conway. The OSC referred decisions on “appropriate disciplinary action” to the president. Kerner could have recommended a penalty of up to $1,000, suspension or termination.
Conway was the subject of an unrelated attorney ethics complaint brought last year by a group of law professors. The complaint, which alleged Conway broke local D.C. attorney rules by allegedly making false statements to the public and media, was filed at the D.C. Office of Disciplinary Counsel.
The comments at issue in that complaint included Conway's February 2017 references to the nonexistent “Bowling Green Massacre” on MSNBC. The complaint also noted that Conway appeared to endorse Ivanka Trump products on Fox News.
Cause of Action wrote to Walter Shaub, then the director of the Office of Government Ethics, last year concerning her comments about those products.
“We in no way endorse or approve of Ms. Conway's actions; however, that does not mean that they were illegal or in violation of your ethics rules,” wrote Cause of Action counsel Eric Bolinder. “We write today to petition OGE to initiate a rulemaking correcting or clarifying these regulations.”
The Office of Special Counsel last year cleared Richard Cordray, then the director of the Consumer Financial Protection Bureau, of allegations he improperly positioned himself to run in the Ohio governor's race while leading the federal agency. Cordray entered the gubernatorial race last year after stepping down as the CFPB director.
The Office of Special Counsel's findings are posted below:
Read more:
Ethics Complaint Against Kellyanne Conway Faces Long Road
Trump's Latest NLRB Pick Vows Not to 'Repeat' Ethics Conflict Dogging Another Member
'No Evidence' CFPB Director Richard Cordray Violated U.S. Ethics Rules: Agency
Neil Gorsuch Dines With US Senators, and It's the Talk of This Town
This post was updated to clarify the substance of a letter Cause of Action wrote to the Office of Government Ethics last year about certain remarks made by Kellyanne Conway.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute read3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign'
4 minute readJudge Grants Special Counsel's Motion, Dismisses Criminal Case Against Trump Without Prejudice
Ex-Deputy AG Trusts U.S. Legal System To Pull Country Through Times of Duress
7 minute readTrending Stories
- 1'Astronomical' Interest Rates: $1B Settlement to Resolve Allegations of 'Predatory' Lending Cancels $534M in Small-Business Debts
- 2Senator Plans to Reintroduce Bill to Split 9th Circuit
- 3Law Firms Converge to Defend HIPAA Regulation
- 4Judge Denies Retrial Bid by Ex-U.S. Sen. Menendez Over Evidentiary Error
- 5Lawyers: Meet Your New Partner
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.