White House advisor
During a Meet the Press interview two days after Trump's presidential inauguration, Conway used the phrase "alternative facts" to defend statements made by White House press secretary Sean Spicer regarding the inauguration's crowd size. Conway's phrase reminded some of "Newspeak", an obfuscatory language style that is a key element of the society portrayed in George Orwell's dystopian novel 1984. Soon after Conway's interview, sales of the book had increased by 9,500%, which The New York Times and others attributed to Conway's use of the phrase, making it the number-one bestseller on Amazon.com.
In January 2017, The Guardian reported that, "[a] search of several online legal dictionaries, however, did not yield any results for the term."
On February 2, 2017, Conway appeared in a television news show interview on Hardball with Chris Matthews. In order to justify President Trump's immigration ban, she referenced an event allegedly perpetrated by Iraqi terrorists she termed the "Bowling Green massacre". Such an event never took place. Vox suggested Conway was referring to the 2011 arrest of two Iraqi refugees in Bowling Green, Kentucky. Conway stated the next day that she meant to say "Bowling Green terrorists", both of whom had pleaded guilty to carrying out and supporting attacks on American soldiers in Iraq. There was never any suggestion that they had planned to carry out attacks in the United States.
On February 5, 2017, New York University journalism professor Jay Rosen argued that, given repeated misstatements of fact, Conway should cease being booked as a guest on television news shows. CNN opted not to book Conway as a guest that day because of what the network said were "serious questions about her credibility."
The Hatch Act of 1939 states that federal government employees must not advocate for their political party while representing a public office. Violating such a law can result in such an employee being removed from public office, but not jailed. Conway has been accused of breaching the act on several occasions.
On February 9, 2017, during an appearance on Fox & Friends, Conway discussed department store Nordstrom's decision to drop products supplied by Ivanka Trump's business. "Go buy Ivanka's stuff is what I would tell you", said Conway; she elaborated "It's a wonderful line. I own some of it. I'm going to give a free commercial here: Go buy it today, everybody. You can find it online". Within hours, two organizations filed formal ethics complaints against Conway for violating federal law prohibiting use of a federal position "for the endorsement of any product, service or enterprise". Public Citizen asked the Office of Governmental Ethics (OGE) to investigate, saying that Conway's remarks reflected "an on-going careless regard of the conflicts of interest laws and regulations of some members of the Trump family and Trump Administration". The group's president, Robert Weissman, declared, "Since she said it was an advertisement, that both eliminates any question about whether outsiders are unfairly reading into what's being said, and two, it makes clear that wasn't an inadvertent remark". Citizens for Responsibility and Ethics in Washington filed a similar complaint with the OGE and with the White House Counsel's Office; the group's executive director, Noah Bookbinder, stated "This seems to us to be about as clear-cut a violation as you can find".
Harvard constitutional law professor Laurence Tribe told The New York Times "You couldn't think of a clearer example of violating the ban of using your government position as kind of a walking billboard for products or services offered by a private individual," adding "She is attempting quite crudely to enrich Ivanka and therefore the president's family." Chris Lu, deputy secretary of labor in the Obama administration, complained to Jason Chaffetz, chair of the United States House Committee on Oversight and Government Reform, that Conway had violated federal ethics laws, also saying on Twitter that, under Obama, "If we did what @KellyannePolls did, we would've been fired". Richard Painter, chief ethics attorney for George W. Bush, declined to say whether he thought Conway's statements broke the law, but that such actions would not have been tolerated in the Bush administration. "The events of the past week demonstrate that there is no intent on the part of the president, his family or the White House staff to make meaningful distinctions between his official capacity as president and the Trump family business". At the regularly scheduled afternoon press briefing, Sean Spicer told reporters that "Kellyanne has been counseled, and that's all we are going to go with ... She's been counseled on the subject, and that's it." In a direct rebuke to Spicer, Conway tweeted that Trump "likes 'counselor' more than 'counseled.'"
Conway's comments drew bipartisan congressional condemnation. Chaffetz, a Republican, called them "clearly over the line" and "unacceptable". Cummings, a Democrat and the committee's ranking member, called them "jaw-dropping". Both Chaffetz and Cummings wrote the OGE on February 9, 2017, requesting that Conway's behavior be investigated and that the office recommend "suggested disciplinary action, if warranted".
On November 24, 2017, Walter Shaub, the former director of the OGE, said that he filed an ethics complaint against Conway. He argued that Conway violated the Hatch Act when she criticized Doug Jones, a candidate in the 2017 U.S. Senate special election in Alabama. On March 6, 2018, the U.S. Office of Special Counsel (OSC) – led by Trump appointee Henry Kerner – issued its final report, determining that Conway violated the Hatch Act in two television interviews in November and December 2017.
Conway continued to make frequent television appearances and comment on political topics. In May 2019, Conway declared: "If you're trying to silence me through the Hatch Act, it's not going to work ... Let me know when the jail sentence starts".
On June 13, 2019, the OSC formally recommended that Conway be removed from federal service, citing multiple Hatch Act violations by Conway since the preparation of its 2018 report, "by disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media". The OSC noted her criticism from February to May 2019 of candidates such as Amy Klobuchar, Bernie Sanders, Beto O'Rourke, Cory Booker, Elizabeth Warren, Joe Biden and Kirsten Gillibrand, and also called her violations "egregious, notorious, and ongoing". The OSC noted that this was the first time they "had to issue multiple reports to the President concerning Hatch Act violations by the same individual". In an interview, Kerner characterized his agency's recommendation as unprecedented, adding, "You know what else is unprecedented? Kellyanne Conway's behavior."
Due to Conway's status as a presidential appointee, the OSC was unable to take any steps to implement its recommendation, but it was submitted to the President for consideration. The White House immediately rejected the finding and demanded that it be withdrawn by the OSC. Trump said he thought the recommendation was "very unfair, it's called freedom of speech."
On June 26, 2019, Conway did not appear at a hearing by the House Committee on Oversight and Reform, leading that committee to issue a subpoena for her. At that hearing, Special Counsel Henry Kerner testified that Conway had been found guilty of two Hatch Act violations in 2018 and 11 in 2019. In comparison, during the eight years of the Obama administration, only two federal employees were found guilty of violating the Hatch Act, with one violation each.
On February 13, 2017, Conway claimed that former national security advisor Michael Flynn had the president's "full confidence". Hours later, Flynn resigned. The following day, Conway claimed Flynn had offered to resign, but White House press secretary Sean Spicer said Trump had asked Flynn for his resignation. It was then reported that Conway had allegedly leaked negative stories about Spicer to the press.
On February 15, the MSNBC news show Morning Joe officially banned Conway from future appearances. The show's primary host Joe Scarborough said the decision to ban Conway from the show was based on her being "out of the loop" and "in none of the key meetings".
