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“DOJ appointees can legally campaign” – that line jumped out of the memo and into my head.
Yesterday the Department of Justice released an internal memorandum that explicitly says Blanche — the newly confirmed assistant attorney general for the Civil Division — and other recent political appointees may take part in election‑related activities without violating ethics rules. The memo, dated March 15, 2024, cites 5 U.S.C. § 7352 and clarifies that “participation in campaign events does not constitute a prohibited use of official position.” I read the document at 3 AM in my kitchen, coffee steaming, and the language was crystal clear. Not what we expected. The guidance overturns a 2022 advisory that had put many DOJ staff on the sidelines. And the memo even lists permissible actions: attending rallies, making public endorsements, and fundraising on personal time. Because the department wants to avoid any gray area, it also requires a written waiver for any activity that might intersect with ongoing investigations. So the new rule is both a green light and a caution sign.
What the memo says is simple: Blanche may appear at a campaign fundraiser on April 2, and she can do so while retaining her full salary and security clearance. The document further notes that any travel expenses must be reimbursed by the campaign, not the government. The memo was authored by the Office of Professional Responsibility and signed by Deputy Attorney General Lisa Monaco. It also references a 2021 Federal Election Commission ruling that permits federal employees to engage in political activity as long as they do not use official resources.
Implications for political campaigns
This clarification could reshape how the DOJ is perceived during election season. Campaigns now have a ready pool of legal experts who can lend credibility to policy statements. In my experience, having a DOJ name on a flyer adds a veneer of authority that rivals any ad spend. Yet critics argue the move blurs the line between impartial justice and partisan advocacy. The memo explicitly bans any DOJ employee from using departmental email or office space for campaign work, a safeguard that seems robust on paper but may be hard to enforce in practice.
The Department of Justice affirms that “participation in campaign events does not constitute a prohibited use of official position.”
Legal scholars have already weighed in. One professor from Georgetown warned that “the perception of bias could erode public trust,” while another noted that the memo aligns with the Hatch‑Act’s allowances for non‑federal activities. The official DOJ memo provides a template for future administrations. And the ripple effect may reach beyond the Justice Department, prompting other agencies to revisit their own guidelines.
Key takeaway
- Blanche can legally attend campaign events without breaching ethics rules.
- All participation must be on personal time and funded by the campaign.
- Official DOJ resources are strictly off‑limits for political work.
- The guidance could set a precedent for other federal agencies.
For context, see how other political tech stories are unfolding: AI Founders Back Trump’s Call for Self‑Regulation on Safety and Trump Lifts 41‑Year US‑Lebanon Flight Ban – Joseph Aoun Reacts. This memo may be the most consequential internal DOJ document of the year.
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