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, obtained by PBS News, indicates that these appointees are exempt from the strict political conduct rules that apply to most senior officials, allowing them to address political gatherings and endorse or oppose candidates. This change marks a departure from long-standing practices within the DOJ, which some experts believe may undermine public trust in the justice system.
The memo serves as a reminder of the restrictions under the Hatch Act, which governs the political activities of federal employees. While exceptions for presidential Senate-confirmed appointees exist within the Hatch Act, previous DOJ appointees have adhered to a more stringent code of conduct. Joseph Tirrell, a former head of the DOJ's Departmental Ethics Office, expressed concern that the updated policy lowers standards, suggesting it could lead to a perception that decisions made by the DOJ are influenced by political affiliations.
The updated guidance comes as Blanche has participated in various political events, including a rally for a Senate candidate in North Carolina and a Republican Party convention. Tirrell believes these appearances may violate the Hatch Act's prohibition against using official authority to influence elections.
The new memo revises previous guidance that restricted certain senior officials from engaging in political activities more broadly. It now specifically exempts Senate-confirmed appointees from some of these restrictions. A DOJ spokesperson stated that the updated memo clarifies existing exceptions under the Hatch Act and emphasizes the need for ethics reviews of appearances with partisan candidates.
The memo indicates that appearances alongside political candidates should be scrutinized, especially close to elections. This represents a shift from earlier guidance that advised employees to avoid such appearances altogether. The loosening of Hatch Act restrictions has occurred several times since the second Trump administration, with previous guidance being rescinded by Blanche's predecessor, Pam Bondi.
Tirrell reiterated that attorneys general should maintain a higher standard of impartiality, arguing that their role is too significant to allow for any appearance of bias or impropriety in partisan contexts.