“It Felt Really Good”: DOJ Employee Among Socialists Harassing Homeland Secretary Kirstjen Nielson At Restaurant

Kirstjen Nielsen restaurant

 

Two days ago, Homeland Security Secretary Kirstjen Nielsen was effectively chased from a restaurant by protesters screaming at her and her companion.  The scene at MXDC Cocina Mexicana was shocking to most of us who have decried the loss of civility in today’s political discourse.  One person clearly not shocked was Rep. Jackie Speier (D., Cal.) who defended the protesters and blamed it on Trump’s divisive political rhetoric.  While the protest seemed clearly organized, Speier portrayed it as a spontaneous expression of anger by citizens in her interview on CNN.  The scene was very disturbing as was the apparent impunity exercised by the protesters in shutting down a restaurant.  It now appears that it was a protest by the Democratic Socialists of America and one of those participating was a DOJ employee, Allison Hrabar.  Hrabar is reportedly a paralegal specialist and her participation could raise again our long-standing debate over the punishment of employees for comments or actions taken outside of the workplace.

We have followed cases where people have been fired after boorish or insulting conduct once their names and employers are made known. (here and here). This includes YouTube videos and drunken scenes.

Hrabar is quoted in aWashington Examiner report saying “It feels really good to confront people who are actually responsible, which is what we have a unique opportunity to do in D.C.”  That “unique opportunity” could cost Hrabar her job.  This was not just a protest but arguably disturbing the peace and trespass.

The legality of the protest is key.  Before addressing the more difficult issues speech content, there is the threshold question of the legality of the protest.

There are some concerns on the participation itself.  A federal employee is allowed to participate in protests or advocate for changes.  They are not allowed to support or oppose a political party or candidate for a partisan political office or partisan political group while at work or wearing a uniform.  This includes postings on social media during work hours.  If she advocated for the Socialist party or made social media protests during work hours, she could have serious ramifications.

The Hatch Act allows “less restricted” employees to participate in partisan political campaigns while off-duty.  She is presumed not a “further restricted” DOJ employee as someone who is SES or an ALJ judges or employee of the criminal division, FBI etc.

A different issue will arise after police find the intern who screamed profanities to President Trump in the Capitol.  This was presumably during the course of her duties since she used her intern badge to gain access to the Capitol.

Hrabar dismissed her status as a DOJ employee and encouraged others to engage is such confrontations: “If you see these people in public, you should remind them that they shouldn’t have peace. We aren’t the only ones who can do this. Anyone who sees Kirstjen Nielsen at dinner, anyone who sees anyone who works at DHS and ICE at dinner can confront them like this, and that’s what we hope this will inspire people to do.”

She previously posted anti-Trump comments on social media, though her account has now been made private.

Now that Hrabar has self-identified, the question is whether MXDC will press charges. It is not clear if the restaurant ever notified police despite two of its patrons being abused inside the restaurant. The restaurant serves many politicians and officials who assume that the establishment will act to protect its patrons from such harassment.  If charges are brought, Hrabar may find the First Amendment is less protective than she assumed.

 

450 thoughts on ““It Felt Really Good”: DOJ Employee Among Socialists Harassing Homeland Secretary Kirstjen Nielson At Restaurant”

      1. Anonymous, I don’t know why you think your words were taken out of context. You do understand the meaning of “context”, right? Say goodnight to all your bedfellows especially the most putzy ones. Don’t let things get too crowded.

  1. so much for the probably mexican american owners of the mexican restaurant who lost money that night because of bedlam.

    america is becoming a madhouse where the inmates run the asylum

  2. ANTIFA tactics. Charge them all with tresspass and fire her from her job. If she is a lawyer then she should get the ethics book thrown at her too. Easy

  3. It is disturbing and raises legal/Hatch Act issues that a federal employee would engage in this kind of behavior. It is even more disturbing that a prominent Democrat would support this behavior, only reinforcing my decision made long ago to quit voting Democrat (pre-Obama) because the Michael Moore wing had taken over.

  4. Sorry Prof Turley but you are very wrong here. How is it ok to steal children and provide no oversight, hide every effort of good people to help and find out the truth so people who deceive the American people can eat in peace? Too bad she and the other dolt Steven Miller had a little discomfort in being exposed for who and what they are, in comparison to the terror they have imposed on children and immigrants. This is so wrong for you to object to the American public calling out these people who lie on behalf of the government. They indeed should be relentlessly shamed in public for their cruelty.

    Thank you,
    American Citizen

    1. Cool! So that means that now you’ll go to Obama’s house and march around with some silly signs about the abuse of immigrants in his detention centers from 2009 to 2014. And I get to yell at you in a restaurant for agreeing with the socialist Allison Hrabar, as socialism is clearly evil, and anyone who supports anyone who is a socialist should be yelled at in a restaurant. Everyone yell at everyone!! It’s productive and cathartic!! If there’s one thing this country needs, it’s a revolution like the one they had in France!!

    2. Hey, P. Ehterret, remember when you protested outside an abortion clinic and harassed its staff because it wasn’t okay to violently separate a child from its mother, and kill it, by crushing its skull and tearing its limbs apart?

      Me neither.

    3. Ummm, they have the choice to stay with their kids on their side of the border. If somebody breaks into your house do you welcome them and call them an “undocumented resident”?

      F@ck you,

      A real American Citizen.

    4. you are ##cked up if you believe the open borders narrative. a country , especially one that lets nut jobs like yourself express their “opinions” freely needs borders. stopping illegals from flooding in at whim and staying in our country without consequenses, especially with all of the evidence of tomfoolery, crime, drugrunning, and use of children as their pawns to inflame ignoramuses like you, is the Presidents duty and a promise that got him elected over the democrat crook. the irony is you stand to profit from his success as much as someone rational…..

    5. Keep up the disorderly conduct antifa. And police keep turning a blind eye.
      And you will awaken the sleeping giant. And it will slap you as it would a gnat.
      I welcome the day when the riotous methods of the extreme left find their fruit in popular uprising.

      1. Yet another keyboard warrior hypnotized by charlatans. In real life, you don’t say anything to anybody, because you are a frightened, timid, intolerant, close-minded oldster longing for the “good ole days” when the world didn’t move so fast and “those people” weren’t so “uppity.” Be sure and order some more cammo underwear. You make me puke.

        this is to “but I’m also stocking canned goods and bottled water” kurtzie

        1. Oh come on, Marky Mark. That’s all you got to say? Some cheap, petty personal attacks on an anonymous blog commenter you don’t know anything about? Mr. Kurtz offered his comments on Antifa. Care to share your opinions about Antifa and its tactics? Do you condone harassment, violent protests, intimidation, property damage, physical violence, militancy, and anarchy? Or are you just a timid, frightened, intolerant, closed-minded, anonymous keyboard warrior? Man up, Marky Mark and share a real opinion instead of a personal attack.

  5. FDR circa 1932: “Happy Days Are Here Again”
    Harry Truman circa 1948: “I’m Just Wild About Harry”
    Bernie Sanders circa 2020: “Feelings, Nothing More Than Feelings”

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Res ipsa loquitur – The thing itself speaks
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