The short version
- A revised Department of Justice memo explicitly exempts presidential appointees confirmed by the Senate from strict political activity restrictions that apply to other senior officials.
- The change permits these high-ranking employees to address political gatherings and endorse candidates, marking a departure from two decades of more conservative internal standards.
- Former ethics leaders argue this shift undermines public trust in the fairness of justice system decisions, while administration officials maintain the update merely clarifies existing Hatch Act exceptions.
The Department of Justice has issued new internal guidance that significantly relaxes restrictions on political activities for its highest-ranking officials. According to a memo obtained by PBS NewsHour, the updated policy explicitly exempts presidential appointees who have been confirmed by the Senate from strict rules governing partisan conduct. This change allows individuals in these roles, including Attorney General Todd Blanche, to address political gatherings and publicly endorse or oppose candidates, actions that were previously discouraged under long-standing departmental precedent.
The document serves as a reminder of restrictions on federal employee political activity under the Hatch Act, a law that governs such conduct across the executive branch. While the Hatch Act itself contains exceptions for presidential appointees, the Justice Department has historically maintained a more restrictive code of conduct for its senior leadership. Joseph Tirrell, who previously led the department’s ethics office before his dismissal last year, noted that this history was intended to ensure the agency remained above political maneuvering. The new memo removes those additional layers of restriction for Senate-confirmed officials.
Tirrell criticized the policy shift in an email, stating that it lowers the standard for DOJ employees to match the baseline requirements of the Hatch Act rather than maintaining the higher bar set by attorneys general over the past twenty years. He argued that this reduction in standards compromises the perception that departmental decisions are made fairly and without regard to political affiliation. By aligning senior officials with the minimum legal requirements, the administration is effectively dismantling a safeguard designed to preserve the integrity of the justice system.
The timing of the memo coincides with Attorney General Blanche’s increased visibility at partisan events. Recent appearances include an election rally in North Carolina where he introduced President Donald Trump, the Republican Party’s midterm election convention, and a roundtable on violent crime in South Carolina. At the latter event, Blanche sat alongside Senator Darline Graham, who is currently on the ballot for November elections. These activities have drawn scrutiny from observers who believe they blur the lines between official duties and political advocacy.
Tirrell contends that these appearances may still violate separate provisions of the Hatch Act regarding the use of official authority to influence election outcomes. Previous versions of the ethics guidance identified certain roles, such as those in the Senior Executive Service, as subject to even wider bans on election activities than most career employees. The latest revision retains many of these restrictions but adds a specific exemption for presidential appointees confirmed by the Senate, distinguishing them from other restricted employees in a way that previous memos did not.
The acronym PAS, used in the memo to denote these appointees, is common in federal contexts, but its explicit inclusion here marks a distinct policy choice. Earlier iterations of the guidance did not make such sharp distinctions between these appointees and other senior staff members regarding political restrictions. The new language clarifies that the prohibitions listed for further restricted employees do not apply to this group, effectively granting them broader latitude to engage in partisan politics than their non-confirmed counterparts.
A Department of Justice spokesperson defended the update, stating that it clarifies rather than changes existing Hatch Act rules. The administration argues that the memo simply highlights an exception already present in federal law for Senate-confirmed officials. Additionally, the spokesperson noted that appearances with partisan candidates should still be reviewed by ethics officials to ensure proper designations are followed, suggesting that oversight mechanisms remain in place despite the relaxed guidelines.
However, the new guidance removes previous recommendations advising employees to avoid appearing alongside political candidates at official events held shortly before elections. Under the prior administration, such appearances were flagged as requiring caution. The current memo instead states that these situations warrant heightened scrutiny and lists factors identified by the Office of Special Counsel for consideration. This shift from discouragement to conditional approval reflects a broader change in how the department views the intersection of official duties and political engagement.
The implications of this policy change extend beyond individual behavior, potentially affecting public confidence in the impartiality of federal law enforcement. Critics argue that when top justice officials actively participate in partisan campaigns, it erodes trust in the system’s ability to administer justice without bias. As the midterm elections approach, the visibility of these actions will likely remain a focal point for debates over the independence of the Department of Justice.
Moving forward, the extent to which this new guidance will be enforced or challenged remains uncertain. While the memo provides a clearer path for senior officials to engage in political activities, it also invites continued scrutiny from ethics experts and the public. The balance between legal compliance and ethical expectations within the department is now defined by these lower standards, setting a new precedent for future administrations and their interactions with the political landscape.
Sources behind this briefing
Go to the original reporting
- PBS NewsHour↗Trump administration relaxes rules around political events for Blanche, other Senate-approved DOJ appointees
