She Wrote an Op-Ed Criticizing Biden on Gaza. The Justice Department Accused Her of Breaking the Law.
President Joe Biden shakes hands with Israeli Prime Minister Benjamin Netanyahu, left, in the Oval Office of the White House in Washington, on July 25, 2024. Photo: Susan Walsh/AP
A federal watchdog ruled that a Department of Justice employee’s article did not violate the Hatch Act.
In March, after a Justice Department employee wrote an op-ed criticizing the Biden administration over the humanitarian crisis in Gaza, her supervisors accused her of violating federal law. Last week, the Office of Special Counsel squarely rejected that allegation, but the investigation sent a chilling message to other federal employees organizing around Israel and Gaza.
Emma West Rasmus, a longtime Justice Department employee, wrote an op-ed in early March for The Hill about a recent visit to Palestine with her church. “I decided in November, and am surer than ever in March: Unless the Democratic Party and its leaders call for an immediate and permanent ceasefire in Gaza and a lasting end to the Israeli occupation of Palestine, I will not vote for Biden or any Democrat,” she wrote.
The article, which published on a Friday, initially included a note stating West Rasmus “works at the Department of Justice and is a member of the Israel/Palestine Mission Network of the Presbyterian Church.”
The following Monday, West Rasmus was accused by senior Justice Department attorneys and ethics officials of violating the Hatch Act, according to records reviewed by The Intercept. The Hatch Act prohibits federal employees from using their “official authority” to engage in certain political activity, especially advocating for or against a particular candidate or political party.
“When you start your federal government service,” West Rasmus told The Intercept, “on your very first day you learn about the Hatch Act.”
In November, the Office of Special Counsel, which investigates Hatch Act violations, put out guidance explaining that federal employees could express their views on Israel and Gaza without running afoul of the law. OSC also clarified that the Hatch Act only limits partisan political speech “while on duty or in the federal workplace.”
In recent months, agency employees have organized letters, rallies, and protest art urging the Biden administration to change course on Gaza. Organizers have been careful to follow the law, but they were still “worried about the threat of being accused of Hatch Act violations,” said a State Department employee who spoke with The Intercept on condition of anonymity for fear of retaliation. “Even though we know senior [political appointees] have rarely been held accountable, we know it has been wielded or threatened against junior staff.”
West Rasmus said she is the only federal employee she is aware of who has been formally accused under the Hatch Act over Gaza dissent actions.