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Kellyanne Conway may have just violated ban on Federal employee using public office for endorsement (Original Post) kpete Feb 2017 OP
i heard her say it. bighart Feb 2017 #1
But who will prosecute her for it? ....... VMA131Marine Feb 2017 #2
Yep, sessions won't touch this with a ten foot pole, after all joshdawg Feb 2017 #17
Right. progressoid Feb 2017 #37
trump did that too. If it's a no-no for her, where is the admonition for him? shraby Feb 2017 #3
Seriously? Take a quick scroll through GD and LBN Ms. Toad Feb 2017 #13
it may be illegal for her but not be illegal for him fishwax Feb 2017 #21
Read the second part of that rule. shraby Feb 2017 #31
Awww, poor KellyAnne! You're so right. No one ever trashes Trump around here! kcr Feb 2017 #35
They should have at both of them for overstepping their bounds. shraby Feb 2017 #36
Very clear violation. highplainsdem Feb 2017 #4
She must go! Madam45for2923 Feb 2017 #5
Is her position as counselor to the pres a "public office"? I see several definitions jmg257 Feb 2017 #6
She clearly holds a public office and has violated the law, Progressive dog Feb 2017 #9
Thanks!! nt jmg257 Feb 2017 #10
here's the definition of "employee" from the link fishwax Feb 2017 #20
Thanks - seems to cover it (her). nt jmg257 Feb 2017 #30
She could argue it is not treestar Feb 2017 #28
Video of Kellyanne's commercial in this tweet: highplainsdem Feb 2017 #7
Is there no depth to how low they will sink? smirkymonkey Feb 2017 #8
Apparently not Phoenix61 Feb 2017 #26
And if private citizens made their own laws, executed their enforcement, Ilsa Feb 2017 #11
Yup, and unlike Trump - Ms. Toad Feb 2017 #12
How much can they get away with IronLionZion Feb 2017 #14
How much? Scarsdale Feb 2017 #15
Surprisingly no. It was Gucci SticksnStones Feb 2017 #19
There is no "someone". Eyeball_Kid Feb 2017 #24
lock her up weissmam Feb 2017 #16
the repukes will do nothing SledDriver Feb 2017 #18
Waiting to see if laws triumph over our new would be dictatorship. LAS14 Feb 2017 #22
Please take "may have" out...she just fucking did it. nt LaydeeBug Feb 2017 #23
she is a walking talking violation of all that is decent NRaleighLiberal Feb 2017 #25
Pterodactyl says what? DK504 Feb 2017 #27
Illegal and ludicrous at the same time! frazzled Feb 2017 #29
Went ahead angrychair Feb 2017 #32
Anything goes. No law. nothing UTUSN Feb 2017 #33
How Do We Hold Them Accountable? dlk Feb 2017 #34

VMA131Marine

(4,139 posts)
2. But who will prosecute her for it? .......
Thu Feb 9, 2017, 09:39 AM
Feb 2017

Laws only matter if they are enforced. I don’t see our shiny new Attorney General doing anything about this. We now have the government of a banana republic.

joshdawg

(2,648 posts)
17. Yep, sessions won't touch this with a ten foot pole, after all
Thu Feb 9, 2017, 11:15 AM
Feb 2017

IOKIYAR.

She should be fired, but....................

Ms. Toad

(34,070 posts)
13. Seriously? Take a quick scroll through GD and LBN
Thu Feb 9, 2017, 10:52 AM
Feb 2017

I'm sure you'll find what you're looking for. There were numerous threads in both forums yesterday, when his was having his little tweet-fest.

fishwax

(29,149 posts)
21. it may be illegal for her but not be illegal for him
Thu Feb 9, 2017, 11:36 AM
Feb 2017

That doesn't mean it isn't pathetic, outrageous, or unethical for him, and he deserves all the heat he's gotten, here and elsewhere. As to the law, though, it appears the law quoted in the OP (though there may be others that apply) specifically excludes the President and vice president:

Employee means any officer or employee of an agency, including a special Government employee. It includes officers but not enlisted members of the uniformed services. It includes employees of a State or local government or other organization who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et seq. For purposes other than subparts B and C of this part, it does not include the President or Vice President. Status as an employee is unaffected by pay or leave status or, in the case of a special Government employee, by the fact that the individual does not perform official duties on a given day.

kcr

(15,317 posts)
35. Awww, poor KellyAnne! You're so right. No one ever trashes Trump around here!
Thu Feb 9, 2017, 12:30 PM
Feb 2017

Thank gawd she has you to stand up for her!!!!

jmg257

(11,996 posts)
6. Is her position as counselor to the pres a "public office"? I see several definitions
Thu Feb 9, 2017, 09:48 AM
Feb 2017
Someone who is in public office is in a job that they have been elected to do by the public.


public office A position or occupation established by law or by the act of a government body, for the purpose of exercising the authority of the government in the service of the public.


Several factors must be taken into account in deciding whether a particular position is a public office. Does the position in question involve the exercise of independent decision-making power on behalf of the state or a duly constituted state subdivision such as a city or county, rather than being merely advisory?



§ 2635.702 Use of public office for private gain.
An employee shall not use his public office for his own private gain, for the endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity, including nonprofit organizations of which the employee is an officer or member, and persons with whom the employee has or seeks employment or business relations. The specific prohibitions set forth in paragraphs (a) through (d) of this section apply this general standard, but are not intended to be exclusive or to limit the application of this section.

Progressive dog

(6,904 posts)
9. She clearly holds a public office and has violated the law,
Thu Feb 9, 2017, 10:27 AM
Feb 2017

and she will continue to do so as long as the psychopath in chief wants her to.

fishwax

(29,149 posts)
20. here's the definition of "employee" from the link
Thu Feb 9, 2017, 11:32 AM
Feb 2017

Seems to me it applies, but IANAL:

Employee means any officer or employee of an agency, including a special Government employee. It includes officers but not enlisted members of the uniformed services. It includes employees of a State or local government or other organization who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et seq. For purposes other than subparts B and C of this part, it does not include the President or Vice President. Status as an employee is unaffected by pay or leave status or, in the case of a special Government employee, by the fact that the individual does not perform official duties on a given day.


treestar

(82,383 posts)
28. She could argue it is not
Thu Feb 9, 2017, 12:13 PM
Feb 2017

Whatever she does is not part of the regular bureaucracy. Though as long as taxpayers are paying her, it could be argued she is.

Ilsa

(61,695 posts)
11. And if private citizens made their own laws, executed their enforcement,
Thu Feb 9, 2017, 10:33 AM
Feb 2017

and adjudicated it all on our own, we'd have chaos. Why can't they see that what they are doing is just as morally, ethically wrong?

Scarsdale

(9,426 posts)
15. How much?
Thu Feb 9, 2017, 11:01 AM
Feb 2017

Until the gop installs all their destructive policies, THEN the fur MIGHT fly. Was that red/white/blue monstrosity KellyAnne wore to the inauguration a design from Ivanka? Something stolen from another designer, as the tRump daughter makes a habit of doing.

LAS14

(13,783 posts)
22. Waiting to see if laws triumph over our new would be dictatorship.
Thu Feb 9, 2017, 11:38 AM
Feb 2017

I feel like we're in a third world dictatorship.

frazzled

(18,402 posts)
29. Illegal and ludicrous at the same time!
Thu Feb 9, 2017, 12:14 PM
Feb 2017

My head is spinning. Why is she even discussing pointy-toed shoes and cheesy shoulder-cutout tops when the issues facing the country are so incredibly dire and critical? Why did this even come up when the fate of refugees, the environment, international relations, safe air and water, civil rights and human rights are sitting on the line at this moment?

I want to throw something and have it shatter into a thousand pieces. Steam is coming out of my ears. These people are truly deplorable. We are in the marketing and branding administration, pure and simple. Vomit.

angrychair

(8,699 posts)
32. Went ahead
Thu Feb 9, 2017, 12:24 PM
Feb 2017

And tweeted the referenced law to her as well...just doing my part. I think we should flood their Twitter accounts, her and republican 45, with this very law reference.

dlk

(11,566 posts)
34. How Do We Hold Them Accountable?
Thu Feb 9, 2017, 12:27 PM
Feb 2017

Of course, Conway violated ethics laws, as has her boss. The problem is that with Republicans holding both houses of congress and the White House, as well as stacking the cabinet with their crooked cronies, who will hold them accountable?

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