Kristi Noem Airport Shutdown Video May Violate Hatch Act: Cantwell

Democratic Sen. Maria Cantwell on Wednesday called on the U.S. Office of Special Counsel to investigate Department of Homeland Security Secretary Kristi Noem for “likely” violating the Hatch Act by making a video to be shown at airports blaming Democrats for the government shutdown.

The Hatch Act prohibits federal employees, including cabinet secretaries, from engaging in political activities while performing their official duties.

Several major airports have refused to release Noem’s video near passenger screening lines, including Seattle-Tacoma International Airport in Washington state, Cantwell’s home, as well as airports in Chicago and New York.

A number of airports specifically mentioned the video’s potential violation of the Hatch Act in their decision. The Office of Special Counsel is responsible for investigating potential violations of the Hatch Act.

In a letter to Acting Special Counsel Jamieson Greer, Cantwell criticized Noem for “airing a partisan video message – on public airport televisions across the country – in which she falsely blames ‘Congressional Democrats’ for the impact of the current government shutdown on airport ‘operations’ and for Transportation Security Administration employees… who are working without pay.”

“This message is not only false; it appears to violate the prohibitions contained in the Hatch Act,” wrote Cantwell, a member of the Senate Commerce, Science and Transportation Committee.

Cantwell said recent reports indicate DHS used taxpayer dollars and federal assets to produce and release the video, in which Noem appears in her official capacity.

The letter notes that Noem, in the video, stands in front of an American flag alongside the official Homeland Security insignia.

“Viewed in its entirety, Secretary Noem’s video can only be reasonably interpreted as a partisan message intended to deceptively smear the Trump administration’s political opponents, convince Americans to blame ‘congressional Democrats’ for the ongoing government shutdown, and influence their future votes – all while omitting the fact that Republicans currently control the White House, the U.S. Senate, and the House representatives of the United States,” Cantwell wrote.

“As the independent agency charged with enforcing the Hatch Act, I urge you to immediately investigate this matter,” she wrote to Greer.

DHS did not immediately respond to a request for comment on Cantwell’s letter.

A spokesperson for the Port of Seattle, which operates the Seattle-Tacoma Airport, said Noem’s video was not being released “due to the political nature of the content.”

A spokesperson for Portland International Airport in Oregon told CNBC that the airport “did not consent to the release of the video in its current form because we believe the Hatch Act clearly prohibits the use of public property for political purposes and messaging.”