Sebelius won’t be punished for Hatch Act “violation”
Office of Special Counsel Advisory on Hatch Act.
Hatch Act of 1939
What part of the following does the Office of the Special Counsel in the Obama Administration not understand?
“(T)the law permits employees who are appointed by the President, by and with the advice and consent of the Senate, to widely engage in political activity while on duty and in government buildings, even these employees are prohibited from soliciting, accepting or receiving political contributions.”
Office of the Special Counsel – 2/14/2001
The Hatch Act of 1939, officially An Act to Prevent Pernicious Political Activities, is a United States federal law whose main provision is to prohibit employees (civil servants) in the executive branch of the federal government, except the President and certain designated high-level employees of the executive branch, from engaging in partisan political activity.
Wikipedia article
It provides that persons below the policymaking level in the executive branch of the federal government must not only refrain from political practices that would be illegal for any citizen but must abstain from "any active part" in political campaigns, using this language to specify those who are exempt:
(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 the nationwide administration of Federal laws.
Fox News may be reporting the news correctly, but the Office of Special Counsel in the Obama Administration is putting out a line of equine manure.
Secretary of Health and Human Services Kathleen Sebelius, the former governor of Kansas, did not break any federal law when she spoke at a “Human Rights Campaign Event” back earlier in 2012. Sorry, but you idiots at the OSC need to go back and actually look at what the law says: “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 polices to be pursued by the United States in the nationwide administration of Federal laws” is specifically exempted from the provisions of the Hatch Act.
The HHS secretary is, at least the last time I looked, an official member of a president’s cabinet and head of a specific executive department, subject to approval (advice and consent) of the Senate. If Sebelius does not fit that description, then why is she called the HHS secretary.
According to the Fox News report: In her North Carolina remarks that prompted the report, Sebelius urged voters to make sure Obama "continues to be president for another four years."
Sorry, but that doesn’t rise to the level of “soliciting, accepting or receiving political contributions.” The only area that the Hatch Act does apply to cabinet officers.
No, folks, this is the OSC covering up for the State Department’s and the White House’s claim that Secretary of State Hillary Clinton could not legally attend the Democratic National Convention in Charlotte last week. I really wish someone in the national media would get their fricking act together and point out that this OSC statement that Sebelius violated the law, and the subsequent statement, apparently, that all was made good by her changing her status and the campaign paying for the trip, and she would not be prosecuted, is so full of bovine scatology that it isn’t even funny anymore.
Sorry, but the OSC is wrong … and I will continue to say it is wrong, until someone can come up with some specific language in the Hatch Act that unexempts cabinet secretaries from the law.
Doesn’t this tend to make you angry? It makes me angry because this country is supposed to be one of law and when you go about misrepresenting what the law says, then you are doing the country no favors. In fact, you are actively trying to hurt the country and that type of behavior I will oppose to my dying breath.
I may not agree with the law, but I will pledge my life, my wealth and my sacred honor in its defense, of that have no doubt.
1 comment:
Good call, Mr. Rich. HHS Secretary does indeed qualify as exempted based on being a Cabinet level position specifically described in your quoted portion of the Hatch Act.
RIP Research ... I knew ye well.
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