As Blanche hits the campaign trail, new DOJ memo relaxes rules around political conduct for Senate-approved appointees

Key Points:

• The Department of Justice (DOJ) has updated its ethics guidance to lower the restrictions on political activities for presidential Senate-confirmed appointees (PAS), aligning their standards with the Hatch Act rather than the previously stricter DOJ policies.
• Joseph Tirrell, former head of the DOJ's Departmental Ethics Office, criticized the changes, stating they reduce public trust by allowing senior DOJ officials to engage more freely in political activities, potentially compromising the department's impartiality.
• The updated guidance explicitly exempts PAS officials from certain election-related restrictions that still apply to other "further restricted" employees, marking a significant shift from previous DOJ policies that held all senior officials to higher standards.
• Recent appearances by Attorney General Merrick Garland's successor, Attorney General Blanche, at political rallies and events featuring candidates have raised concerns about potential Hatch Act violations, particularly regarding the use of official authority to influence elections.
• DOJ officials maintain that the revised memo clarifies existing Hatch Act exceptions rather than changing rules, but critics argue the relaxation of standards undermines the traditional norms that kept the department above partisan politics.