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EXCLUSIVE: The White House responded to various reports that President Donald Trump’s administration is breaking federal law by including commentary that blames Senate Democrats for the government shutdown in out-of-office emails and letters furloughing federal employees.
A number of reports suggested that including partisan messaging in official emails and communication channels could be a violation of the Anti-Lobbying Act, which prevents federal funding from being used in lobbying efforts.
“The Trump Administration is committed to sharing the truth with the American people, and it’s simply a fact that the Democrats shut down the government,” White House spokeswoman Abigail Jackson told Fox News Digital. “Democrats opposed the clean CR that they supported just 6 months ago and 13 times under the Biden Administration because they want free health care for illegal aliens.”
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“And now, the Democrats are upset the Administration is sharing the truth — they are desperately trying to lie to the American people because they know their shutdown is hurting families and workers around the country,” Jackson added. “Unfortunately for the Democrats, facts are facts.”
Atop the Department of Justice website, a red banner reads: “Democrats have shut down the government. Department of Justice websites are not currently regularly updated.”
Fox News Digital obtained a DOJ memo which was sent to all employees of the agency outlining the plan for furloughing federal employees in the event of a shutdown, stating DOJ “has contingency plans in place for executing an orderly shutdown of activities that would be affected by any lapse in appropriations forced by Congressional Democrats.”
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“Unfortunately, Democrats are blocking this Continuing Resolution in the U.S. Senate due to unrelated policy demands,” the memo continues. “A funding lapse will result in certain Department activities ceasing due to a lack of appropriated funding, and designated pre-notified employees will be furloughed subject to certain laws and regulations.”
On visiting the Department of Housing and Urban Development (HUD) website, a pop-up appears on the center page reading that reads: “The Radical Left in Congress shut down the government. HUD will use available resources to help Americans in need.”
Reports also suggested that the administration may be in violation of the Hatch Act, a federal law that prevents tax dollars from being spent in a partisan or politically biased manner, as a result of the messaging.
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Legal expert Andrew Cherkasy, co-founder of Golden Law, Inc. and former Air Force JAG, told Fox News Digital that “the Hatch Act does not apply to the President or Vice President. It does apply to most other federal employees.”
“The law is intended to prohibit government officials from using their official authority to interfere with, or affect elections,” Cherkasky explained. “The President of the United States and his agents under his authority have an unquestionable constitutional right to speak directly to the American people about what is happening in their government and who is responsible for it.”
The Hatch Act, which was signed into law in 1939, is enforced by the U.S. Office of Special Counsel (OSC), and is also designed to keep federal employees from influencing or interfering with elections while working in any official capacity.
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“For years, unelected bureaucrats and left-leaning agencies openly leaked, editorialized, and interfered in policy debates without consequence,” Cherkasky told Fox. “The Hatch Act does not prohibit the President from holding democrats accountable for shutting down the government.”
The Biden Administration also partook in messaging that pushed certain legislation. Biden’s Office of Management and Budget issued a statement regarding the Right to IVF Act last June, stating: “When the Supreme Court overturned Roe v. Wade nearly two years ago, it paved the way for Republican elected officials’ extreme, out-of-touch agenda, which has eroded access to reproductive health care for families across the country.”
The Obama Administration issued similar messaging in 2013 specifically blaming Republicans for a government shutdown threat, saying “House Republicans are pushing the Government toward shutdown.”
The federal government entered a partial shutdown at midnight Wednesday morning after a bill that would fund the government through Nov. 21 failed in the Senate.
Senate Democrats pushed for Obamacare subsidies that were set to expire to be included in the legislation, and reportedly felt sidelined in negotiations surrounding government funding.
Despite a Republican majority in both the House and the Senate, the spending bill requires 60 votes to pass in the Senate, meaning some Democrat senators will need to break ranks with Minority Leader Chuck Schumer to prevent the bill from failing.
Preston Mizell is a writer with Fox News Digital covering breaking news. Story tips can be sent to [email protected] and on X @MizellPreston
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