Prof. Richard Painter Quoted by McClatchy News About Partisan Video Playing at Airports Blaming Democrats for Shutdown

Professor Richard Painter, S. Walter Richey Professor of Corporate Law, was quoted by McClatchy News about the legality of videos at airports showing Department of Homeland Security Kristi Noem blaming Democrats for the federal government shutdown. In the video, her message includes, “Democrats in Congress refuse to fund the federal government. Because of this, many of our operations are impacted, and most of our TSA employees are working without pay.” Noem’s partisan message may be violating the Hatch Act, a 1939 law that limits the political activities of government employees. Prof. Painter said that Noem’s video could violate the Hatch Act “if intended to influence an election.” But in addition to the Hatch Act, he said the video may be breaking appropriations law. “This probably violates the statutory prohibition on use of appropriated agency funds to influence Congress,” he said, specifying the relevant law: “18 USC 1913.” This law states that congressionally appropriated funds cannot be spent to lobby or sway government decisions without explicit congressional approval.