The Department of Justice (DOJ) has issued a new internal memo that eases restrictions on political activities for Attorney General Todd Blanche and other Senate-confirmed appointees. The memo, authored by the agency's top ethics official, states that these appointees are exempt from strict rules that typically govern the political conduct of senior officials. This change allows them to participate in political gatherings and endorse or oppose candidates, diverging from previous DOJ practices aimed at maintaining political independence.
The memo serves as a reminder of the restrictions imposed by the Hatch Act, which regulates political activities of federal employees. While exceptions for Senate-confirmed appointees exist within the Hatch Act, past DOJ appointees have adhered to stricter standards. Joseph Tirrell, a former head of the DOJ's Departmental Ethics Office, expressed concerns that this policy change may diminish public trust in the DOJ, stating that it lowers the standards previously upheld to ensure the department's impartiality.
The updated guidance coincides with Blanche's participation in various political events, including a rally for a Senate candidate in North Carolina and a Republican Party convention. Tirrell noted that these appearances could violate the Hatch Act's prohibition against using official authority to influence elections.
The memo also revises previous guidance that restricted certain senior officials from engaging in political activities more broadly than other federal employees. The latest version specifies that the restrictions do not apply to presidential appointees confirmed by the Senate. A DOJ spokesperson clarified that the updated memo aims to clarify existing exceptions under the Hatch Act rather than alter them.
The new guidance suggests that appearances with partisan candidates should be reviewed by ethics officials, and it no longer advises avoiding such appearances close to elections. This marks a shift from earlier guidance that recommended caution regarding political appearances. The DOJ has relaxed these restrictions multiple times since the beginning of the second Trump administration, including when Blanche's predecessor, Pam Bondi, rescinded stricter rules established by former Attorney General Merrick Garland.
Tirrell emphasized that attorneys general should maintain a higher standard of conduct, arguing that their role is too significant to risk any appearance of bias or impropriety in political matters.