Democrats Seek Probe into Partisan Out-of-Office Emails During Shutdown

Democratic lawmakers are calling for an investigation into federal agencies' use of politically charged out-of-office email messages during the government shutdown, citing potential violations of the Hatch Act.

Rep. Bobby Scott, the ranking Democrat on the House Education and Workforce Committee, has urged Republican colleagues to examine whether the Trump administration committed ethics violations by instructing government employees to use out-of-office replies that blamed Democrats for the shutdown. Scott highlighted that multiple federal agencies, including the Departments of Health and Human Services and Agriculture, used public statements labeling the funding lapse as a "Democrat-led" shutdown.

The Office of Management and Budget (OMB) reportedly encouraged federal employees across various departments to create out-of-office messages denouncing "Democrat Senators" for causing the shutdown. Some Department of Education employees discovered their automatic replies had been altered without their consent to include partisan language. One staffer expressed frustration, stating, "We as career government employees need to be neutral when carrying out our jobs."

The American Federation of Government Employees (AFGE), representing approximately 800,000 federal workers, has filed a lawsuit against the Department of Education, alleging that the forced use of partisan language in out-of-office messages violates federal employees' First Amendment rights. AFGE stated, "Forcing civil servants to speak on behalf of the political leadership's partisan agenda is a blatant violation of federal employees' First Amendment rights."

In response, Madi Biedermann, the Department of Education's deputy assistant secretary for communications, defended the messaging, stating, "The email reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean CR and fund the government."

Democracy Forward, a public education advocacy nonprofit representing the plaintiffs, criticized the administration's actions. President and CEO Skye Perryman remarked, "This is beyond outrageous."