U.S. government website’s ‘radical left’ popup may violate the law

The U.S. federal government shut down at midnight on Wednesday, bringing a halt to numerous government services after Congress could not agree on a crucial funding bill. Unsurprisingly, the Trump administration was quick to point the finger at its opponents, clearly blaming Democrats for the shutdown. However, it even went so far as to feature its accusations on an official government website, potentially violating the law.

On Tuesday, the U.S. Department of Housing and Urban Development (HUD) added a blatantly partisan pop-up notification to its home page, which was also repeated on a bold red banner.

“The Radical Left are going to shut down the government and inflict massive pain on the American people unless they get their $1.5 trillion wish list of demands,” read the prominent message. “The Trump administration wants to keep the government open for the American people.”

Shortly after the shutdown came into effect, the HUD pop-up and banner had both been altered to instead read, “The Radical Left in Congress shut down the government. HUD will use available resources to help Americans in need.”

NPR reports that staffers at multiple government agencies also received emails on Tuesday from the White House Office of Management and Budget laying blame on Congressional Democrats.

The HUD website less than an hour prior to the government shutdown coming into effect.
Credit: Mashable screenshot: The U.S. Department of Housing and Urban Development (HUD)

The HUD website less than an hour after to the government shutdown came into effect.
Credit: Mashable screenshot: The U.S. Department of Housing and Urban Development (HUD)

While President Donald Trump frequently blames Democrats for his setbacks and grievances, his administration publishing such sentiments on an official government website carries new concerning implications. The HUD popup may be a violation of the Hatch Act, which prohibits federal employees in the U.S. government’s executive branch from taking part in partisan political activities. (The President and Vice President are exempted from this legislation.)

Nonprofit consumer advocacy group Public Citizen has filed a Hatch Act complaint against HUD secretary Scott Turner over the popup.

“This is such an obvious violation of the Hatch Act that it raises the question: ‘How on Earth does HUD think they can get away with this?'” said Craig Holman, a government ethics expert with Public Citizen. 

“The answer is that the Trump administration has managed to neuter the ethics enforcement offices in the executive branch. Those who are responsible for enforcing the Hatch Act — namely, the Office of Special Counsel, followed by the Office of Government Ethics and the Attorney General’s office — have all been taken over by Trump loyalists or those who are intimidated by Trump.”

Even so, Holman expressed hope that the “sheer crassness” of the popup message may still force the ethics offices to act.

“The public sees it. The world sees it. And it is clearly partisan and political,” said Holman. “To turn a blind eye to what everyone else sees may be too embarrassing.”

The government shutdown took effect due to Congress’ failure to pass a funding bill to keep it operational. While Republicans backed a short-term funding bill that would have kept the government operational until Nov. 21, Democrats refused to vote for it unless they agreed to extend federal healthcare subsidies and reverse cuts to Medicaid. Democrats instead put forward a separate bill which included such changes to keep healthcare more affordable, and would have funded the government through October. Republicans similarly refused to support it, leaving both parties at an impasse.

On Tuesday, Trump stated that, if a government shutdown went ahead, his administration would take the opportunity to make changes that are “bad for [Democrats] and irreversible.” Specifically, the president declared an intention to lay off a significant number of Democrats while cutting programs that they advocate for. Trump holds the record for longest U.S. government shutdown, having seen a 35-day shutdown during his first term as president in 2018.