‘That’s a question for the White House’: Press secretary refuses to say whether Biden will receive intelligence briefing

‘I haven’t spoken to the president about that’

White House press secretary Kayleigh McEnany refused to answer whether President-elect Joe Biden will receive access to intelligence briefings, saying: “That's a question for the White House.”

Ms McEnany was interviewed on Fox News on Thursday morning in the role of a Trump 2020 campaign adviser, and not in her taxpayer funded position as the White House press secretary.

When asked if Mr Biden will receive access to intelligence briefings before he is inaugurated as US president in January, Ms McEnany refused to answer.

She told host Brian Kilmeade: “I haven’t spoken to the president about that, that would be a question more for the White House.”

Ms McEnany added: “What I will say is that all laws are being followed in regards to an expected transition.

“Although, we expect to continue as the Trump administration. We will see how our litigation goes.”

Several political commentators wondered whether Ms McEnany’s appearance on Fox News on Thursday morning as an adviser for the Trump 2020 campaign, was in breach of the Hatch Act of 1939.

The Hatch Act prohibits any civil service employee in the executive branch of the federal government from engaging in political activity. The exceptions to the act are the US president and vice president.

Federal employees are unable to use their official title when engaging in political activity, and are prohibited from engaging in political activity while on active duty.

However, White House deputy press secretary Sarah Matthews told The Independent: “Kayleigh appeared in her personal capacity as a private citizen. She advises the campaign on a voluntary basis.”

While, Washington, DC based attorney Bradley Moss said that Ms McEnany followed the law by declining to answer the question.

“If she was appearing in her personal capacity in order to avoid Hatch Act violations, she *technically* had to do that,” he wrote on Twitter.

Ms McEnany later tweeted: “When you enter government, you do not lose First Amendment rights. Hatch Act says to separate govt & political activity, which I diligently work to do.

“Reporters (who ironically have freedom of press embedded in the  1st Amendment), are complaining about my 1A right to speech!”

Last week, The US Office of Special Counsel opened an investigation into the Trump campaign for setting up a command centre in the White House during last week’s presidential election.

Democratic Representative Bill Pascrell said on Thursday 5 November that the federal watchdog “has opened an investigation into these allegations to determine if the Hatch Act was violated.”

In a statement to Reuters, White House spokesman Judd Deere said: “Both the official activity of Administration officials, as well as any political activity undertaken by members of the Administration, are conducted in compliance with the Hatch Act.”

Mr Trump has still not conceded the election, and has repeatedly falsely claimed that there was widespread voter fraud in multiple swing states.

The Trump campaign issued lawsuits in several states, which Ms McEnany referenced in her interview on Thursday morning, but there is no evidence to back up the claims of voter fraud.

Speaking about Mr Trump’s refusal to concede the election on Tuesday, Mr Biden said: “I just think it’s an embarrassment, quite frankly.”

The Independent has contacted the Trump campaign for comment.