Secret Service Agents stand on the running boards of the limousine carrying President Trump. (AP Photo/Cliff Owen)
Secret Service vague on action taken against agent who suggested she wouldn't take 'a bullet' for Trump
The Secret Service is weighing how far to take its disciplinary action against a senior special agent who suggested she would rather do jail time than take "a bullet" for President Trump.
The agency on Tuesday said it has taken "appropriate action" against Kerry O'Grady, who is the special agent in charge of the Denver office, but has not indicated whether she has been placed on administrative leave, which would be forced leave with pay, a common first disciplinary step when the Secret Service is taking a behavioral incident seriously.
"The U.S. Secret Service is aware of the postings and the agency is taking quick and appropriate action," a spokesman said in a statement. "As a matter of practice, we do not comment on personnel matters."
"All Secret Service agents and employees are held to the highest standards of professional and ethical conduct. Any allegations of misconduct are taken seriously and swiftly investigated," the spokesperson added.
The Washington Examiner reported Tuesday that O'Grady made several derogatory Facebook posts about Trump over the past seven months, including one in which she endorsed Hillary Clinton and said she would endure "jail time" rather than "taking a bullet" for what she regarded as a "disaster" for America and women and minorities.
The Secret Service initially told the Washington Examiner that they were looking into the matter but then didn't respond to questions about whether she would be disciplined.
One person familiar with the matter told CNN Tuesday night that the Secret Service is trying to find out if she posted the information while she was working, which would be a clear violation of the Hatch Act. The Hatch Act bars federal employees from engaging in some forms of political activity, especially while at work on when using any form of their professional role.
Secret Service employees are part of a group of federal employees that face more severe Hatch Act restrictions, including these two rules:
- May not post a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.
- May not use any email account or social media to distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.
O'Grady, in the post in question, said she knew she was on shaky ground when it comes to violating the Hatch Act but said her desire to express her personal political feelings was more important to her at the time. "Hatch Act, be damned," she said in the Facebook post in question.
Upon greater reflection, she decided the post wasn't appropriate and took it down within two to three days, she told the Examiner. She has repeatedly stressed that she would continue to perform her duties and that her political views would not impact her ability to protect the president.
"As a public servant for nearly 23 years, I struggle not to violate the Hatch Act. So I keep quiet and skirt the median," she wrote in one Facebook post, as reported by the Examiner. "To do otherwise can be a criminal offense for those in my position. Despite the fact that I am expected to take a bullet for both sides.
"But this world has changed and I have changed. And I would take jail time over a bullet or an endorsement for what I believe to be disaster to this country and the strong and amazing women and minorities who reside here. Hatch Act be damned. I am with Her."
O'Grady cannot face "jail time" for Hatch Act violations, because the law doesn't carry criminal penalties. But she could face serious disciplinary action, including a reassignment in which she is not directly involved in protecting the president and other administration officials.
Cheri Cannon, an employment lawyer and managing partner at Tully Rinckey who represents federal law enforcement clients, said O'Grady's statements in her Facebook post are "clearly a violation of the Hatch Act" because Secret Service employees face greater restrictions.
But Cannon said, "she's in bigger trouble than the Hatch Act. She needs to resign. She's refusing to do the job she was given to do."
The Hatch Act is a limit on your First Amendment rights, which the Supreme Court has upheld as reasonable for some federal employees, she said.
Senior employees like O'Grady, she said, are further restricted in their freedom of speech and political activities.
"My advice to people at that level is not to use Facebook," she said.




