This isn’t just a violation of federal law; it’s also a bald-faced lie.
Republicans today control the House, the Senate, the White House, and the Supreme Court. If Senate Majority Leader John Thune wanted to end the shutdown, he could do so this afternoon.
All it would take is the same maneuver Republicans have used repeatedly: a Senate rules change allowing passage of their Continuing Resolution to keep the government open, using only 50 votes plus the Vice President.
We’ve seen it before. Betsy DeVos only became Secretary of Education because Mike Pence broke a 50–50 tie in the Senate. Jeff Sessions squeaked through 52–47 as Attorney General. Rex Tillerson and Tom Price were confirmed with slim margins. And when it came to the Supreme Court, Mitch McConnell killed the filibuster to ram through Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
Democrats, by contrast, failed when they tried to change the rules to pass the For the People Act and John Lewis Voting Rights acts. Kyrsten Sinema and Joe Manchin sided with Republicans to preserve the filibuster, betraying the public interest.
So let’s be clear: this shutdown is not a matter of Senate procedure. Republicans have the power to end it today. They’re choosing not to because they want to strip health care from millions while protecting their $4 trillion tax cut for billionaires.
The 1939 Hatch Act, upheld by the Supreme Court in CSC v. Letter Carriers, outlaws the practice of federal officials converting government facilities into campaign machines. Its penalties are real: removal from service, debarment, suspensions, reprimands, and fines.
Some airport managers understand this, which is why several are refusing to air Noem’s message.
As of today, at least seven airports have declined to run the video at TSA checkpoints, citing policies and laws that prohibit political messaging in publicly funded facilities. Portland International Airport management informed the local ABC News affiliate:
“We believe the Hatch Act clearly prohibits using public assets for political purposes and messaging.”
The Washington Post reports that Buffalo, Charlotte, Cleveland, Los Angeles, Phoenix, Seattle, and Portland have all also said no, with at least two explicitly pointing to the Hatch Act as the reason.
By distributing this video, Noem has implicated not just herself but also airport managers nationwide, most of whom are now breaking federal law by broadcasting it. They face personal liability, including fines and disbarment from government work.
That they’ve gone along with Noem reflects how normalized lawbreaking has become in today’s Republican politics led by a 34-times-convicted felon and alleged rapist.
The lie about the shutdown itself compounds the crime. Citizens in a democracy must be able to trust their government to tell the truth about who is responsible for policy decisions and why they’re done. When those in power use public money to gaslight the public, accountability collapses. That is exactly why the Hatch Act exists.
There is precedent for enforcement of the Act even at the highest levels. The Office of Special Counsel recommended Kellyanne Conway be fired for repeated Hatch Act violations. Trump ignored it. He also ignored the law when his administration used the White House for the Republican National Convention and when he and Elon Musk went out front of it to hustle Teslas.
Republicans have apparently learned that if they break the law and face no consequences, the law effectively ceases to exist.
If Democrats are serious about defending both the rule of law and what’s left of America’s democracy, they must insist on prosecutions. That means removal from office for Noem, claims against the propagandists who produced and distributed the video, and charges against airport managers who continue broadcasting it. Anything less signals that the Hatch Act — and the rest of American law that could restrain Trump and his lickspittles — is a dead letter.
This is not a partisan point. Imagine if a Democratic administration produced a video blaming Republicans for a shutdown, then forced airports to broadcast it. Republicans would be demanding prosecutions, and rightly so. The law must apply equally or it means nothing at all.
Noem needs to stop lying. She needs to stop breaking the law. And Democrats need to stop pretending this is “politics as usual.” It is not. These are crimes designed to shift blame for a shutdown that is entirely the responsibility of the Republican Party, which could end it tomorrow with 51 votes in the Senate.
If there is no accountability now, America will slide further toward a future where propaganda is pumped through every government-owned screen and speaker. That is what has happened in Russia and Hungary, where public spaces are saturated with partisan messaging and independent voices silenced.
The Hatch Act was written to prevent that fate here. It must be enforced — with indictments, prosecutions, and disbarment — before it’s too late.
