White House Faces Lawsuit Over Alleged Misuse of Public Resources for Shutdown Messaging

In an unprecedented move during the recent government shutdown, numerous federal agencies have engaged in partisan messaging, directing blame at Democrats in a stark departure from traditional practices during funding lapses.

Federal workers across multiple departments received politically charged emails from superiors before the shutdown deadline, while agency websites began displaying partisan content. Once the shutdown commenced, the political messaging intensified, with even out-of-office email notifications becoming vehicles for the administration’s talking points.

“A number of federal agencies are putting out messages blaming Democratic senators for the current government shutdown, in a sharp break from how departments have handled shutdowns in the past,” NBC News reported. Historically, agencies limit their communications during shutdowns to factual information about service availability without venturing into partisan territory.

The Department of Labor instructed its employees to use “template language” provided by the White House for out-of-office notifications, explicitly blaming Democrats for the shutdown. This directive affected furloughed federal workers across various agencies, compelling them to propagate a political message regardless of their personal beliefs.

In another example, the Department of Veterans Affairs incorporated partisan messaging in official communications to veterans, further blurring the line between government service and political advocacy.

The Small Business Administration’s approach has drawn particular scrutiny. The agency’s homepage currently displays a message stating that Senate Democrats are responsible for the shutdown “that is preventing the U.S. Small Business Administration (SBA) from serving America’s 36 million small businesses.”

This politicization of federal resources has prompted legal action. Public Citizen, a nonprofit consumer advocacy group, has filed a Hatch Act complaint against SBA Administrator Kelly Loeffler. The complaint alleges that the agency’s homepage features “a highly partisan post targeting both employees and the public asserting that congressional Democrats are solely responsible for the shutdown and causing financial harm to small businesses and the American public.”

The Hatch Act, a longstanding federal ethics law, restricts political activities by federal employees to prevent the use of public resources for partisan purposes. The law establishes essential boundaries between official government duties and political operations—boundaries that have been respected by administrations of both parties for decades.

These developments represent more than just a reflection of heightened political tensions or the current administration’s approach. They signal a fundamental shift in how federal agencies operate during government shutdowns and raise serious questions about compliance with established ethics laws.

During former President Trump’s first term, his administration showed little regard for the Hatch Act, often treating it as inconsequential, though such partisan messaging wasn’t prevalent during previous shutdowns under his leadership. The current situation suggests an even greater willingness to disregard legal constraints on mixing government functions with political messaging.

Ethics experts warn that this precedent could have lasting implications for the nonpartisan nature of the federal workforce. When government agencies become platforms for political messaging, it undermines public trust and potentially compromises the ability of civil servants to perform their duties impartially.

The legal challenge by Public Citizen may ultimately determine whether these actions constitute Hatch Act violations, but the broader concern remains: the erosion of longstanding norms that have traditionally separated government operations from partisan politics, particularly during shutdowns when government resources are already strained.

As the shutdown continues, observers are watching closely to see if other agencies will follow suit or if legal challenges will prompt a return to the more traditional, apolitical approach to government shutdown communications.