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Did Elon Musk violate the Hatch Act by wearing MAGA hat in Oval Office? What we know

Elon Musk wore a MAGA hat when he joined Donald Trump in the Oval Office at the White House on Tuesday. Some argued that wearing the hat violated the Hatch Act.

Updated on: Feb 12, 2025, 23:14:50 IST
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Elon Musk joined Donald Trump in the Oval Office at the White House on Tuesday, as the president signed a series of executive orders. Musk was accompanied by his son, X Æ A-Xii, who quickly stole the spotlight with his playful behavior. However, it wasn't just the child who drew attention. Social media users also focused on the billionaire's MAGA hat. Some argued that wearing the hat violated the Hatch Act, which prohibits federal employees from “displaying partisan political items such as buttons, t-shirts, signs, or other accessories.” On the other hand, some defended Musk, asserting that he isn’t a government employee, but rather an advisor to the federal government.

Tesla and SpaceX CEO Elon Musk looks on before US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC. (AFP)
Tesla and SpaceX CEO Elon Musk looks on before US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC. (AFP)

For those unversed, Elon Musk has been appointed a "special government employee" by the White House. The SpaceX CEO is currently working with President Trump to spearhead initiatives focused on cutting government spending through the Department of Government Efficiency (DOGE).

Reactions -

“Isn’t wearing that MAGA hat a violation of the Hatch Act? I recall Republicans constantly complaining about similar things a few years ago. You're a special government employee, right? So take it off,” one person wrote.

Another commented, “Elon is breaking the Hatch Act with that hat. He should be arrested immediately. I speak for all Americans.”

A third person pointed out, “The Hatch Act applies when Musk is on duty and using government resources. He’s not paid by the government, so technically, he’s not on duty and isn’t using government resources.”

Another user responded, “The Hatch Act only applies to EMPLOYEES. You may call Musk a ‘special government employee,’ but he isn’t being paid. For someone to be considered an employee, they must receive a salary in exchange for their work. Musk is an unpaid advisor in a temporary advisory role. While DOGE has paid employees, Musk is not one of them. The Hatch Act doesn’t apply here.”

  • Vaishnavi Vaidyanathan
    ABOUT THE AUTHOR
    Vaishnavi Vaidyanathan

    Vaishnavi Vaidyanathan leads the US Desk at Hindustan Times, where she writes, strategises coverage, and ensures quality across all beats. With eight years of experience covering US news for leading publications, she has reported extensively on politics, entertainment, and sports. Vaishnavi holds a graduate degree in English, Journalism, and Psychology, and completed her PG Diploma in Broadcast Journalism from the Manorama School of Communication, where she was awarded the prestigious Mammen Mappillai Award for Best Outgoing Student. She began her career at the International Business Times (US Edition), covering US breaking news, politics, and entertainment. She later joined Opoyi, reporting across all beats, including US sports and trending stories. Prior to Hindustan Times, she served as World Lead at Times Now News, covering comprehensive world news and events. Vaishnavi has expertise in politics, entertainment, and breaking news, and enjoys tackling stories across a wide range of topics. Beyond the newsroom, she is an avid traveller, a foodie who loves exploring new restaurants, and a pop culture enthusiast who enjoys watching latest shows and films. She also enjoys engaging in debates and discussions on Reddit.Read More

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