Sen. Maria Cantwell of Washington is calling for an investigation into Homeland Security Secretary Kristi Noem, saying a video the secretary produced about the government shutdown “likely” violates the Hatch Act — the federal law that bars government officials from engaging in partisan political activity while performing their official duties.
Cantwell urged acting Special Counsel Jamieson Greer to launch an inquiry into the video which features Noem standing in front of an American flag and the official Department of Homeland Security insignia, blames “Democrats in Congress” for the shutdown’s impact on airport operations and Transportation Security Administration workers, who have been working without pay.
“This message is not just false; it appears to violate the prohibitions contained in the Hatch Act,” Cantwell wrote, arguing that the secretary used taxpayer dollars and federal assets to produce a message that “maligns political opponents and seeks to influence future votes.”
The Hatch Act, first enacted in 1939, is meant to prevent the use of public office for partisan gain. It restricts most executive branch employees — especially Cabinet secretaries — from engaging in political activity while on duty or appearing to use their official authority to affect an election.
Several major airports — including Seattle-Tacoma International, Chicago O’Hare, and New York’s JFK — have declined to air Noem’s video near passenger screening areas, citing its political tone and potential legal implications.
A spokesperson for the Port of Seattle said the video was not being shown at Sea-Tac Airport “due to the political nature of the content.” Portland International Airport also declined to air the message, telling CNBC that “the Hatch Act clearly prohibits use of public assets for political purposes and messaging.”
Cantwell, who chairs the Senate Committee on Commerce, Science, and Transportation, said the decision by airports to pull the video underscores the seriousness of the potential violation.
“When viewed in its totality,” she wrote, “Secretary Noem’s video can only be reasonably interpreted as a partisan message intended to mislead the public and blame Democrats for a crisis that the Trump administration created.”
The Department of Homeland Security has not yet responded to Cantwell’s letter.
The Office of Special Counsel, which operates independently of the Justice Department, is responsible for enforcing the Hatch Act. While violations can lead to disciplinary action — including removal from office — they rarely result in criminal charges.
