Hatch Act prohibition does not cover Cabinet OFficers

Congressional Research Service ^ | April 13, 2016 | Congressional Research Servie

[AndyJackson]

CRS Report: Hatch Act Restrictions on Federal Employees’ Political Activities in the Digital Age document page 6.

Limited Exceptions

The Hatch Act provides a few limited exceptions, including for employees in certain high-ranking positions and for employees seeking to engage in political activities in certain municipalities. Certain Executive Officials and Appointees The Hatch Act provides an exception to allow certain high-ranking officials to “engage in political activity otherwise prohibited ... if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.” The exception is available to employees who hold positions with responsibilities that “continue outside normal duty hours and while away from the normal duty post,” such as presidential advisers or cabinet officers appointed by the President with the advice and consent of the Senate. In other words, these officials may engage in political activities during what would be considered official working time, as long as federal funds are not used for such activities. Any such official must reimburse the U.S. Treasury for the federal resources used in campaign activities.

[AndyJackson]

We are reading a lot about Hatch Act violations by Pompeo, and so forth, but this is ignorance as the CRS report explains.

For instance 5 USC § 7324 provides as follows:

(b) (1)An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.

Subpart B describes [a person] who is— (i)an employee paid from an appropriation for the Executive Office of the President; or (ii)an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

IOWs, Kelly Anne Conway or any advisor to the President can participate, and the Secretary of State and the Attorney General, inter alia, can so participate so long as this is not done at government expense.

[Repeal 16-17]

Don’t bother the Marxist Media with facts.

[mass55th]

Just another example of how the Democrats regularly lie and twist the facts, and how the media, who are supposed to be reporting the facts, are just too freaking lazy to read through the Hatch Act before making complete fools of themselves. Again.

[silverleaf]

I guess that’s why 6 Cabinet members spoke at obama’s 2012 convention.

[caww]

It basically means if an event is held outside....and employees volunteer, and private donors pay for expenses, then the Hatch Act doesn’t apply.

[caww]

It basically means if an event is held outside....and employees volunteer, and private donors pay for expenses, then the Hatch Act doesn’t apply.

[newzjunkey]

All of these Cabinet members spoke at DNC 2010 for Obama/Biden:

Ken Salazar, U.S. Secretary of the Interior.
Tom Vilsack, U.S. Secretary of Agriculture
Arne Duncan, U.S. Secretary of Education
Kathleen Sebelius, U.S. Secretary of Health and Human Services
Eric Shinseki, U.S. Secretary of Veteran’s Affairs

[newzjunkey]

All of these Cabinet members spoke at DNC 2012 for Obama/Biden:

Ken Salazar, U.S. Secretary of the Interior.
Tom Vilsack, U.S. Secretary of Agriculture
Arne Duncan, U.S. Secretary of Education
Kathleen Sebelius, U.S. Secretary of Health and Human Services
Eric Shinseki, U.S. Secretary of Veteran’s Affairs

[centurion316]

The stupid people don’t care about such silly things, you know, laws and facts, that sort of thing. It’s working for the Dems and their media lackies so far, they won’t stop until they pay a price for lying.

[euram]

I find all the hoopla about the Hatch Act to be amusing. In 2008, I retired from a government agency. During the election season, a friend of mine who was still working would forward to me all the campaigning for 0bama emails he got on a daily basis from the American Federation of Government Employees. The AFGE members sending out these emails were all government employees during duty hours. That’s a clear violation of the Hatch Act, but never once heard anyone complain about that.

[GOPJ]

Anything that makes liberal heads explode is good...

[Repealthe17thAmendment]

I’m surprised they haven’t tried to charge Trump with the Hatch Act for running for reelection. According to their wacky interpretation, he can’t even campaign.