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By Suzanne Blake
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The Social Security Administration (SSA) is facing scrutiny after sending a mass email praising President Donald Trump just days before the midterm elections.
On Friday and Saturday, Americans with online Social Security accounts received emails in which Social Security Commissioner Frank Bisignano explicitly credited Trump with improving the agency.
"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," Bisignano said in the email.
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Legal experts are questioning whether the message crossed federal restrictions on political activity by government employees. The email’s political praise of Trump as well as its proximity to the election have raised questions regarding a potential violation of the Hatch Act, a federal law restricting certain partisan political activity by executive branch employees.
Newsweek reached out to the SSA for comment via email.
Why It Matters
The SSA oversees benefits relied upon by tens of millions of retirees, people with disabilities and their families.
The email controversy comes immediately before voters head to the polls in consequential midterm elections and follows earlier criticism from Democratic members of Congress over SSA emails lauding Trump.
The Hatch Act, enacted in 1939, restricts federal employees from engaging in certain political activities in their official capacity and is intended to prevent government authority and resources from being used for partisan purposes.
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What Did the Social Security Email Say?
The October 30 and 31 email was sent under Bisignano's name and praised the agency's performance specifically "under President Donald J. Trump," describing SSA as "transforming into a model of excellence."
Bisignano is simultaneously serving as SSA commissioner and chief executive of the IRS. A separate IRS email also praised Trump's economic policies.
"Last year, President Donald J. Trump signed into law the Working Families Tax Cuts, landmark legislation that ushered in a new era of tax relief and prevented the largest tax increase in American history from taking effect," Bisignano wrote in that message. "Hardworking Americans like you are keeping more of what they earn because of President Trump's historic tax cuts."
The IRS email included a disclaimer saying that the agency "does not generally send e-mails to taxpayers" and that the message was "for informational purposes and does not constitute a communication about a taxpayer's specific situation."
Could the Email Violate the Hatch Act?
Several legal experts have raised precisely that question, although there has been no official ruling that Bisignano or SSA violated the law over this message.
Kathleen Clark, law professor at Washington University in St. Louis, told The New York Times that the emails appeared to function as "propaganda" rather than public-service announcements.
Richard W. Painter, University of Minnesota law professor who previously served as White House ethics lawyer under President George W. Bush, was more explicit about the timing.
"They're doing it just before the election to persuade people that President Trump is doing a good job," Painter told the Times, adding that he regarded the messages as inappropriate.
The Hatch Act prohibits covered federal employees from using their official authority or influence for the purpose of interfering with or affecting an election. Violations can result in disciplinary sanctions, although whether a particular communication violates the statute depends on the circumstances.
At least nine of Trump's 15 Cabinet secretaries had nevertheless faced formal accusations of Hatch Act violations in recent months, according to Time.
Members of Congress Previously Raised Alarm Over Social Security Emails
The latest controversy follows a similar dispute earlier this year. In July, Democratic Senators Elizabeth Warren of Massachusetts, Ron Wyden of Oregon, Tammy Baldwin of Wisconsin, Ben Ray Luján of New Mexico and Sheldon Whitehouse of Rhode Island challenged Bisignano over another SSA email praising Trump.
That email was sent July 2 and referenced Trump six times, according to the senators. They accused SSA of spreading misleading information about Trump's tax law while using an official government communication channel to promote the president.
"This was an unusual communication that served no legitimate purpose: rather than receiving necessary information about benefits or a critical communication from the SSA, recipients received a partisan, politicized message — containing multiple misleading statements — that heaped praise on President Trump," the senators wrote at the time.
The senators also accused Bisignano of "abusing the millions of email addresses" obtained through my Social Security accounts or other means and said the communications threatened the agency's integrity.
What Happens Next
The most significant unanswered question is whether the latest message will result in a formal Hatch Act complaint or investigation.
Violations of the Hatch Act can carry a range of disciplinary consequences from a reprimand, suspension, demotion or even dismissal of an official.
Newsweek’s reporters and editors used Martyn, our AI assistant, to produce this story. Learn more about Martyn here. Contact Newsweek editors on this story: Jason Lemon and Edward T. Cummins
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