Two controversies this inaugural weekend led me to reflect on the challenges for federal employees during the incoming administration of President Trump: the retweets by the official twitter account of the National Park Service and the content of President Trump’s speech at the CIA. Both were wrong for largely the same reason: they injected partisanship where it does not belong: in the execution of the duties of federal government employees.
The issue of political activity by federal employees is the subject of rather important legislation–the Hatch Act of 1939, which prohibits almost all federal employees from engaging in most forms of political, partisan activity. Of course, when a new administration takes office, the directions and policies of cabinet departments will change, and civil servants are expected to carry out these new policies whatever their previous and/or personal views.
In the case of the National Park Service, its twitter account retweeted comments that had partisan implications, one comparing the size of inaugural crowds, and the other criticizing changes in the content of the White House web site. Although defenders of the Park Service would say the comments are innocuous, they really weren’t. They were not-so-subtle digs at the incoming Trump administration and as such just plain inappropriate. In fact, the Park Service has been prohibited by law since 1995 from estimating crowd sizes at events on the National Mall, in part because these estimates can become politically controversial.
The same general principles–federal civil employees should not engage in partisan political activity during work hours–can help us think about President Trump’s visit to the CIA on Saturday,. The fact of the visit is not a problem–but the content of the speech was a disaster. The President had no business suggesting that CIA employees overwhelming voted for him. A CIA officer’s personal views should have no bearing on the performance of her duties. I know this is a high bar and, in reality, impossible to reach. Cognitive science has shown that no human can be a perfectly objective being. But the future of intelligence activities in democratic societies depends upon every employee striving for this goal.
US law stipulates the federal employee oath of office:
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.