Fact Check: Did Kamala Harris violate Hatch Act while slamming Trump in speech outside her residence?

WASHINGTON DC: Numerous social media users and commentators have alleged that Vice President Kamala Harris breached the Hatch Act on Wednesday, October 23, by criticizing Donald Trump over his purported 'Hitler' remarks.

In her statement, Harris emphasized her grave concerns regarding Trump's mental state and aspirations for the presidency, referencing recent assertions by John Kelly, who reported that he heard Trump praising Adolf Hitler.

What did Kamala Harris say?

"This is a window into who Donald Trump really is, from the people who know him best, from the people who have worked with him side by side in the Oval Office and in the Situation Room," Harris addressed reporters outside the Vice President's residence in Washington.

The address given at the Vice President's official residence ignited controversy online, with detractors alleging that Harris breached the Hatch Act, which restricts the political activities of federal employees under specific circumstances.

Immediately after Harris declared the press conference, online allegations emerged accusing her of breaching the Hatch Act. These claims suggest she gave a campaign speech behind the Vice President's official seal at her official residence, the Naval Observatory in Washington, DC.

The Hatch Act restricts certain political activities of federal employees during their tenure.

A widely circulated post on X (previously known as Twitter) by conservative commentator Carmine Sabia, among others on social media, charged Harris with exploiting her official role for political gain, labeling the speech a "blatant violation" of the Hatch Act.

Sabia wrote sharing Harris' video, "Kamala Harris just spoke from behind the official seal of the Vice President of the United States at the official Vice President's home at the Naval Observatory in Washington DC to give a desperate campaign speech as a candidate. This is a blatant violation of the Hatch Act."

Did Kamala Harris violate Hatch Act?

No, Kamala Harris did not violate the Hatch Act, as per Newsweek. She was alluding to the incendiary allegations made by Trump's former Chief of Staff, John Kelly, who claimed that the Republican nominee desired "generals like those Hitler had" during his presidency.

The Hatch Act is applied distinctively to the President and Vice President, reflecting the unique aspects of their positions. In this case,the VP is exempt from Hatch Act violations. 

The US Office of Special Counsel (OSC), responsible for ensuring adherence to the act, states that the law forbids federal officials from employing their official power or influence to disrupt or influence the result of an election.

The Vice President and the President are granted specific exemptions under the Hatch Act, permitting them to participate in political activities to a certain extent. This exemption acknowledges their dual responsibilities as both leaders of the state and political entities.

Over the years, the Office of Special Counsel has released several reports stating that although political activities are limited, the roles of the President and Vice President permit a combination of official and political actions, particularly during campaign periods.

This leeway often protects them from Hatch Act allegations that would typically affect lower-ranking federal employees.