In the current political climate, it is not surprising to witness Donald Trump’s broad criticisms of free speech, immigrants, and the rule of law. Notably, a recent initiative aimed at attacking U.S. higher education seems to converge these themes neatly. While these criticisms are concerning and reflect a troubling trend, they can often be traced back to established patterns in authoritarian governance and the evolving concept of “illiberal democracy.”
However, it is often the specifics that reveal how even minor matters become weaponized within Trump’s sphere.
The situation even extends to the mundane realm of “out of office” email responses.
“First, they came for my OoO message…”
This week, the U.S. government has entered a shutdown due to an unresolved budget, leaving a considerable number of government employees on furlough. Many are creating standard “out of office” auto-replies to inform those who reach out that responses may be delayed.
Yet, reports have surfaced that some agencies are instructing staff members to modify these messages to directly accuse Democrats for the shutdown. At the Department of Education, employees have taken to social media to express their frustration, claiming their automatic replies were altered without permission to read as follows:
Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking the passage of H.R. 5371 in the Senate, which has led to a lapse in appropriations. Due to this lapse, I am currently in furlough status. I will respond to emails once government functions resume.
A CNN report featured an employee from the Department of Education who attempted to adjust their out-of-office message back to a neutral format, only to find it reverted to the partisan statement on two separate occasions within a day.
The phrasing is notably specific; it refers to “Democrat Senators,” employing a term used by some conservatives to undermine the legitimacy of the Democratic Party. This intentional choice of wording parallels a long-established tactic within the right-wing framework to avoid naming the opposition accurately. The Democratic Party, as referenced in its own materials, prefers the term “Democratic Party.”
Similar directives have been reported at the Small Business Administration and the Department of Health and Human Services. These messages may contravene the Hatch Act, which prohibits federal employees from engaging in partisan conversations while on duty, given that these individuals serve the entire American populace.
The Office of Special Counsel, tasked with enforcing Hatch Act violations, specifies in a training guide that most executive branch employees are barred from political activity that pertains to any political party.
In response to inquiries about the messages blaming Democrats, the Department of Health and Human Services affirmed to CNN that they had indeed recommended such language, arguing it reflected the reality of the ongoing shutdown.
“Employees were instructed to utilize out-of-office messages that convey the truth: Democrats have shut the government down,” the agency stated.
Even a current Supreme Court justice has commented on the current state of the “rule of law,” likening it to the game of “Calvinball.”
Websites, too
Moreover, governmental websites have joined in on this partisan messaging. The Department of Housing and Urban Development‘s homepage features a large alert stating, “The Radical Left in Congress shut down the government.” When closed, visitors are met with a bright red banner reiterating the same message—evidently, the point is being hammered home.
At the Small Business Administration, the messaging on the main page is equally partisan, claiming that Senate Democrats obstructed a clean funding bill (H.R. 5371), leading to a shutdown that hampers the SBA’s support for the nation’s 36 million small businesses. It continues by stating, “Every day Senate Democrats continue to oppose a clean funding bill, they stop an estimated 320 small businesses from accessing $170 million in SBA-guaranteed funding…”
The message asserts a readiness to resume operations immediately following the shutdown, attributing past performance to “the leadership of the Trump Administration.”
Public Citizen has filed complaints regarding both websites, labeling them obvious violations of the Hatch Act. Representative Robert Garcia (D-Calif.), a member of the House Government and Oversight Reform Committee, has also expressed concerns about these communications in a letter expanding on the complaints to include the emails.
According to Garcia, such overtly political messages from executive agencies seem to violate the Hatch Act. Reports suggest some of the wording was intentionally crafted to evade Hatch Act scrutiny, with a housing official claiming that the term “radical left” references an ideology rather than a political party. However, the questionable framing does not absolve them from engaging in apparent political activities.
The pressing question remains: Will the Office of Special Counsel take any action in response to this situation?
