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Social Security email praising Trump, sent days before midterms, draws Hatch Act questions

The Social Security Administration emailed people with online accounts a message from Commissioner Frank Bisignano praising President Trump. Legal experts say it may breach the Hatch Act; no ruling or investigation has been reported.

2 outlets · 1L · 1C · 0R First reported Account updated
Image: Raw Story
Image: Newsweek

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The story, neutrally told

Mixed · 2The Social Security Administration (SSA) sent emails on Friday and Saturday (October 30 and 31) to people with online Social Security accounts, days before the midterm elections. Mixed · 2The message, under Commissioner Frank Bisignano's name, said: "Under President Donald J. Trump, the Social Security Administration (SSA) is transforming into a model of excellence, one that meets and exceeds customer expectations for fast, accurate and secure service." Mixed · 2Legal experts told The New York Times that the praise and its timing appeared to potentially violate the Hatch Act, the 1939 law meant to stop executive branch employees from using their positions to influence partisan elections.

Mixed · 2Kathleen Clark, a law professor at Washington University in St. Louis, said the email seemed to function as "propaganda" rather than a public service announcement. Mixed · 2Richard Painter, a University of Minnesota law professor and former White House ethics lawyer under President George W. Bush, said "They're doing it just before the election to persuade people that President Trump is doing a good job," and called the email inappropriate. Left · 1Clark said the message reminded her of a television ad campaign the Trump administration ran this fall promoting his presidency, which some experts also said could have violated the Hatch Act.

Centre · 1Newsweek reported that Bisignano also serves as chief executive of the IRS, and that a separate IRS email under his name praised Trump's tax law, the Working Families Tax Cuts; that email carried a disclaimer saying the agency does not generally email taxpayers. Centre · 1In July, Democratic Senators Elizabeth Warren, Ron Wyden, Tammy Baldwin, Ben Ray Luján and Sheldon Whitehouse challenged Bisignano over an earlier SSA email, sent July 2, that referenced Trump six times; they called it a partisan message containing misleading statements. Centre · 1Newsweek noted there has been no official ruling that Bisignano or the SSA violated the law, that whether a communication breaks the Hatch Act depends on circumstances, and that it is unclear whether a formal complaint or investigation will follow.

Mixed · 2The SSA did not immediately respond to the Times' request for comment, and Newsweek said it had also asked the agency for comment.

Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.

Left1 outlet

Framing
Short summary of the New York Times report, led by experts' alarm that the email may be illegal.
Emphasis
Expert criticism and the timing before the election.
Leaves out or plays down
Does not mention the IRS email, the July senators' challenge, or that no ruling exists.
Charged language
“Trump love letter”“sound alarm”
For example
“Experts sound alarm as Social Security sends users possibly illegal Trump love letter” — Raw Story

Centre1 outlet

Framing
Explanatory report that the SSA is 'under scrutiny', adding context on past complaints and Hatch Act enforcement.
Emphasis
Background: the July senators' letter, the IRS email, nine Cabinet secretaries accused of Hatch Act violations, and the absence of any ruling.
Leaves out or plays down
Does not report any SSA response.
Charged language
“under scrutiny”
For example
“is facing scrutiny after sending a mass email praising President Donald Trump” — Newsweek
“there has been no official ruling that Bisignano or SSA violated the law over this message.” — Newsweek

Right0 outlets

No right outlet in our sources has covered this story yet.

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