Navy Secretary Carlos Del Toro violated the Hatch Act, the Office of Special Counsel announced on Thursday alongside several other enforcement decisions.
The Hatch Act governs federal employees’ political activities and is enforced by the OSC. Generally, such workers aren’t allowed to engage in political activity while at the workplace or on duty, engage in such activity in an official capacity at any time or solicit or receive political contributions.
“The best way for federal employees, including agency leaders, to avoid Hatch Act violations is to check with us before — not after — doing something that might run afoul of the law,” Special Counsel Hampton Dellinger said in a press release statement. “The enforcement decisions announced today involve officials and employees who acted without seeking advice.”
OSC found that Del Toro in January violated the Hatch Act when he made statements advocating for the re-election of President Joe Biden and critical of Republican presidential candidate Donald Trump during a question-and-answer session and BBC interview as part of an official trip to the U.K.
For example, he said, “I’m confident that the American people will step up to the plate come November and support President Biden for a second term as our commander-in-chief, so that we can continue to work together as free democratic countries, respect each other around the globe….”
And in response to a question about what his worry is about a second Trump term, he said: “My worry is that, you know, we as Americans, for as long as I can remember, certainly, since I served in uniform, you’ve had both Republican and Democratic presidents who’ve always abided by the core values of our country, protecting the freedoms of Americans and other people around the globe and protecting democracy itself. And when you have someone who doesn’t align to those core principles, it makes you wonder, you know, should you be supporting that individual?”
OSC investigators reported that Del Toro, prior to this trip, participated in at least three Hatch Act briefings, all of which covered the official capacity prohibition.
