Watchdog looking into legality of EPA tweet poking Dems

Watchdog looking into legality of EPA tweet poking Dems
© Greg Nash

An independent government watchdog has agreed to a Democratic senator's request to look into claims that the Environmental Protection Agency (EPA) violated the law through a politically charged tweet in April, a spokesperson confirmed on Tuesday.

The Government Accountability Office (GAO) is reviewing an April 13 tweet from the official EPA account that praised the Senate's confirmation of Andrew Wheeler as the agency's deputy administrator while adding, in part, "The Democrats couldn’t block the confirmation."

Sen. Tom UdallThomas (Tom) Stewart UdallBureau of Land Management staff face relocation or resignation as agency moves west Overnight Energy: EPA watchdog slams agency chief after deputy fails to cooperate in probe | Justices wrestle with reach of Clean Water Act | Bipartisan Senate climate caucus grows Hillicon Valley: Twitter to refuse all political ads | Trump camp blasts 'very dumb' decision | Ocasio-Cortez hails move | Zuckerberg doubles down on Facebook's ad policies | GOP senator blocks sweeping election reform bill MORE (D-N.M.) had sent a letter to the GAO in May asking for the review. Udall maintains that the tweet violates the Financial Services and General Government Appropriations Act, which prohibits agencies from using funds for “publicity or propaganda purposes."

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“In my view, this tweet does not advance an information function of the EPA and is purely partisan in nature,” Udall said in a statement Tuesday. “The appropriations law prohibiting federal agencies from spending on publicity and propaganda was enacted for a reason — to ensure that taxpayer dollars only support official activities, not political speech."

During a Senate hearing in mid-May, Udall questioned EPA Administrator Scott PruittEdward (Scott) Scott PruittOvernight Energy: EPA delays board's review of 'secret science' rules | Keystone pipeline spill affecting more land than thought | Dems seek probe into Forest Service grants tied to Alaska logging EPA delays advisers' review of 'secret science' rules What has EPA been hiding about formaldehyde? MORE about the tweet, asking if he was aware that the law prohibits propaganda.

Pruitt said that he was not aware of the tweet and agreed it shouldn't have been sent.

"Well, I was unaware of the tweet and that shouldn’t have occurred. … There should have been no mocking that took place," Pruitt said.

Asked if he would apologize, Pruitt said, "The agency should not have done that."

The Senate confirmed Wheeler as Pruitt's deputy at the EPA in April by a vote of 53-45. All the Republicans voted for Wheeler, along with Sens. Joe ManchinJoseph (Joe) ManchinPolitical purity tests are for losers Former coal exec Don Blankenship launches third-party presidential bid Centrist Democrats seize on state election wins to rail against Warren's agenda MORE (W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampThe Hill's Morning Report — Biden steadies in third debate as top tier remains the same Trump wins 60 percent approval in rural areas of key states Pence to push new NAFTA deal in visit to Iowa MORE (N.D.) and Joe DonnellyJoseph (Joe) Simon DonnellyWatchdog accuses pro-Kavanaugh group of sending illegal robotexts in 2018 Lobbying world Trump nominees meet fiercest opposition from Warren, Sanders, Gillibrand MORE (Ind.), Democrats all running for reelection this year in states President TrumpDonald John TrumpMost Americans break with Trump on Ukraine, but just 45 percent think he should be removed: poll Judge orders Democrats to give notice if they request Trump's NY tax returns Trump's doctor issues letter addressing 'speculation' about visit to Walter Reed MORE won in 2016.

Previously John O’Grady, the president of the American Federation of Government Employees Council 238, which represents EPA employees, sent a complaint to the U.S. Office of Special Counsel (OSC) arguing that the EPA's April tweet was in violation of the Hatch Act, which bans federal employees from engaging in political activity while on the job.

O’Grady charged that Pruitt or someone acting on his behalf directed the tweet.

“It’s not our job to basically tell them whether or not it was a violation of the law. It appeared to be a violation of the law, so we want the Office of Special Counsel to give us a clear indication,” O’Grady told Federal News Radio at the time.

However, the OSC ruled on May 23 that the tweet was not in violation of the Hatch Act and that Pruitt was not at fault.

"The tweet at issue does not give rise to a Hatch Act violation because, without more, it was not aimed at the electoral success or defeat of a political party or candidate for partisan political office," wrote Ana Galindo-Marrone, chief of the Hatch Act Unit, in a letter to Pruitt obtained by The Hill. "Accordingly, OSC has concluded that no EPA employee violated the Hatch Act."

Galindo-Marrone added that officials learned that Pruitt did not compose the tweet nor personally directed anyone at the agency to write it.