U.S. Ambassador to the United Nations Nikki Haley’s Hatch Act violation isn’t the first ethical or legal lapse for Trump’s administration. | Spencer Platt/Getty Images Nikki Haley hit for Hatch Act violation over Trump retweet

U.S. Ambassador to the United Nations Nikki Haley violated the law by retweeting President Donald Trump’s endorsement of a South Carolina congressional candidate, according to the federal Office of Special Counsel.

Haley’s June Twitter post from her personal account marks the second time this year that a top Trump aide has run afoul of the Hatch Act, a Depression-era law that regulates campaigning by government officials.


While the flagged message circulated from @nikkihaley, which isn’t Haley’s official ambassador account, the Office of Special Counsel determined her decision to repost a presidential message supporting Republican House candidate Ralph Norman still “gave the impression that she was acting in her official capacity.”

The Office of Special Counsel is an independent federal agency born out of the Watergate scandal that has investigative and prosecutorial powers to protect federal employees who face discrimination or other workforce problems, including retaliation for whistleblowing. The office, located in downtown Washington, also has authority to enforce the Hatch Act.

Haley’s personal page at the time of the post included an official government headshot with the American flag behind her, as well as a picture at the White House with Trump and other members of the U.N. Security Council. Many of Haley’s Twitter posts also covered official matters, and the official homepage of the U.S. Mission to the United Nations included a link back to her personal Twitter account, wrote Erica Hamrick, the deputy chief of the Office of Special Council’s Hatch Act Unit, in a September 28 letter to Citizens for Responsibility and Ethics in Washington, the government watchdog that first flagged the tweet.

Haley has since deleted her June 19 retweet after she became aware of the potential violation, and the Office of Special Counsel said it found no evidence she engaged in any additional prohibited political activity on Twitter. Haley will not face any penalties over the retweet, and Hamrick said she had closed Haley’s file.

At the same time, Haley did get a warning that any repeat offenses could lead to disciplinary action for “a willful and knowing violation of the law,” Hamrick said.

Haley’s Hatch Act violation isn’t the first ethical or legal lapse for Trump’s administration. White House social media director Dan Scavino got flagged for his own Hatch Act violation in June for a Twitter post that called on Trump allies to launch a primary challenge against Michigan GOP Rep. Justin Amash.

The Office of Government Ethics earlier this year also urged White House attorneys to investigate senior adviser Kellyanne Conway for “misuse of position” after she endorsed presidential daughter Ivanka Trump’s clothing line during an appearance on Fox News. Trump himself has come under fire over his decision in January to be sworn into office while retaining ownership of his personal businesses.

“One is unfortunate, two is a coincidence, but three in less than a year is a pattern,” said Noah Bookbinder, CREW’s executive director, who blamed the Haley, Scavino and Conway lapses on Trump. “This all stems from the president’s permissive attitude toward ethics. The tone is set at the top.”

While Trump himself is not covered by the Hatch Act, ethics lawyers have also raised questions about White House aides who may have played a role in crafting a presidential speech delivered in August urging Missouri voters to oust Democratic Sen. Claire McCaskill.

A White House spokeswoman referred questions about Haley’s Hatch Act violation to the U.S. ambassador’s office, which did not immediately respond to a request for comment.