Prosecutor: White House aide's Twitter threat to Justin Amash violates law

Todd Spangler | Detroit Free Press

Show Caption Hide Caption Amash: Trump could face impeachment over Comey memo Responding to a reporter's question, U.S. Rep. Justin Amash agreed today that President Donald Trump could face impeachment proceedings if allegations that he urged the former FBI director to drop an investigation prove true.

WASHINGTON — An independent prosecutor's office has warned a White House aide that his Twitter threat to target U.S. Rep. Justin Amash of Michigan for defeat in 2018 violated federal law.

The Office of Special Counsel told the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) that it had notified White House Director of Social Media Dan Scavino that his threat was a violation and another such act could be construed as a "willful and knowing violation" of the Hatch Act, which prohibits federal employees from some political activities.

The letter the office sent to CREW was silent on whether it intended to pursue any action against Scavino beyond issuing him a warning.

Scavino's tweet came this spring after Amash, a libertarian Republican from Cascade Township in west Michigan, took a role in helping to block a vote on legislation to repeal and replace the Affordable Care Act that was supported by President Donald Trump and House Speaker Paul Ryan.

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Amash and other opponents argued the replacement bill left too much of the Affordable Care Act — otherwise known as Obamacare — in place and would not adequately control costs. Later, changes were made to win over many opponents including Amash, and the bill was sent to the Senate, where it is under consideration. After the bill was first blocked, however, Scavino, who came to the White House as a longtime aide to Trump, tweeted that Amash was a "big liability" and that he should be targeted for defeat in 2018 by another Republican.

.@realDonaldTrump is bringing auto plants & jobs back to Michigan. @justinamash is a big liability.#TrumpTrain, defeat him in primary. — Dan Scavino Jr. (@DanScavino) April 1, 2017

CREW complained about the threat to the Office of Special Counsel (OSC), noting that Scavino's Twitter account showed him in the Oval Office next to the presidential flag and showed Trump at a lectern with the presidential seal.

“The rules are clear that government officials aren’t allowed to use their position for campaign activity,” CREW Executive Director Noah Bookbinder said. “OSC has made clear with this ruling that they are going to enforce these important rules and work to keep the government free from inappropriate politics.”

In her letter to CREW, OSC Hatch Act Unit Chief Ana Galindo-Marrone wrote that the White House's legal counsel has talked to Scavino and that his personal Twitter account no longer includes photos of Trump or Scavino in the White House and is not in violation now.

CREW also complained with the Office of Congressional Ethics about Amash using an account to respond to Scavino and raise money for his campaign, saying it violates rules against using official resources for fund-raising. The status of that complaint is not known.

Contact Todd Spangler: 703-854-8947 or at tspangler@freepress.com. Follow him on Twitter at @tsspangler.