According to Newsweek, Kellyanne Conway’s claim on Fox News that the Hatch Act does not apply to her is “completely ridiculous” and “flat out illegal” according to former White House ethics chief under President George W. Bush.
Conway was asked to comment on alleged violations of the Hatch Act, which prohibits executive branch employees from using their position to influence an election, while she was on Fox & Friends. Conway responded, "Well it'd be good if everybody had a quick tutorial on the Hatch Act, what it is and what it is not. It's not even clear to us here at the White House, according to the White House counsel, that the Hatch Act applies to assistants to the president."
According to former White House ethics chief Richard Painter, Conway’s claim is completely false. He said, "Of course the Hatch Act applies to everyone except the president and the vice president. It applies to everyone in the White House. Nobody ever, ever said it does not apply to a senior White House aide—that's just completely ridiculous."
On Fox News, Conway operated on her own personal interpretation of the Hatch Act, explaining, "The Hatch Act means you can't advocate for or against the election of an individual. And if I'm talking about the failures of Obama-Bidencare, if I'm talking about the fact that 28 million Americans have no health insurance, that's a fact. If I'm quoting what some of the candidates say about the other candidates, I'm just repeating the news to you as I read it that day."
Painter says that bashing candidates like Joe Biden or others running for office while in her official capacity is “flat out illegal.”
Earlier this month, the Office of Special Counsel recommended that President Trump remove Conway from her position due to repeated violations of the Hatch Act, after complaints from Citizens for Responsibility and Ethics in Washington (CREW), an organization that Conway later said was a “left-wing propaganda machine” trying to “weaponize the Hatch Act.”