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The Trump administration has reportedly used US taxpayer money to fund TV advertisements promoting the president’s achievements, which have aired on Fox News and Newsmax. The Hatch Act, passed in 1939, prohibits the use of official resources for political purposes, though the president and vice president are exempt. Despite this, the law also includes language banning the use of federal funds for “publicity or propaganda purposes”, including promoting political candidates or parties, and the advertisements could potentially be seen as a violation of these provisions.
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Donald Trump’s latest strategy to boost GOP’s midterm elections is a TV ad, reportedly funded by taxpayers. This norm-breaking move continues the trend of using federal resources to support candidates, despite bipartisan views to keep governance and politics separate.
The ad (watch here) features Trump pledging to “defeat communism, socialism, and Marxism in America” and UFC CEO Dana White praising him. A disclaimer states the ad was “Paid for by the U.S. Government.” The White House called the ad an “educational and unapologetically patriotic” PSA.
Trump Cabinet members have campaigned in the face of potential midterm loss, going against the norm that the nation’s top law-enforcement official should avoid partisan bias. This includes Attorney General Todd Blanche appearing at GOP events and Secretary of Defense Pete Hegseth attending a taxpayer-funded fundraiser. Other officials also participated in Trump’s midterm rally.
The Hatch Act, passed in 1939, restricts federal employees from using official resources for political acts. Congress has included language in funding bills prohibiting the use of federal funds for “publicity or propaganda purposes”, such as promoting political candidates. Violating the Hatch Act could be considered criminal theft, says Maryland Democrat, Rep. Jamie Raskin.
All presidents have found ways to bypass the Hatch Act. Defense Secretary Hegseth claims he traveled in his “personal capacity” on a military aircraft for security, while the Justice Department states Blanche’s appearances are reviewed and reimbursed “in accordance with federal law.”
Historically, Hatch Act violations go unpunished. Top officials violated the Hatch Act during Trump’s first term, and under Joe Biden, press secretary Karine Jean-Pierre and Energy Secretary Jennifer Granholm faced similar accusations. None faced significant consequences.
Trump’s team believes they won’t face punishment from a Republican-controlled Congress and thus, don’t comply with these rules. Bending the law is one thing; acting like it doesn’t exist is more serious, driven by a sense of impunity. Even if Democrats win Congress this fall, it’s unlikely to be by a margin large enough to impeach the president or his top officials.
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