All Department of Justice employees are subject to the Hatch Act, 5 U.S.C. 7323(a) and 7324(a), which generally prohibits Department employees from engaging in partisan political activity while on duty, in a federal facility or using federal property. Political activity is activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group. The statute carries serious penalties including REMOVAL from federal employment.
The Hatch Act applies to all federal employees; however, application of its restrictions is broken down into two groups, based on position.
"Less restricted" employees, including most career employees in the executive branch, are able to participate actively in political management or partisan political campaigns, while off-duty, outside a federal facility and not using federal property.
“Further restricted" employees are held to stricter rules that preclude active participation in political management or partisan political campaigns, even off-duty. The following Department of Justice employees are "further restricted" by statute: all career Senior Executive Service (SES) employees; administrative law judges; employees in the Criminal Division, the Federal Bureau of Investigation, and the National Security Division; and criminal investigators and explosives enforcement officers in ATF. Further restricted employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group.
Considering the Department’s mission, the Attorney General has previously determined that, as a matter of Department policy, all political appointees will be subject to the rules that govern “further restricted” employees under the Hatch Act to ensure there is not an appearance that politics plays any part in the Department’s day to day operations. Guidance to all Department employees is provided in two memoranda from the Deputy Attorney General, dated March 10, 2016, one to career employees and one to appointees.
Any Department employees who have questions beyond what is included here should consult their component’s ethics official.