NEW YORK DAILY NEWS
October 30, 2016
Senate Minority Leader Harry Reid says FBI Director James Comey may have violated a federal law when he wrote a letter to Congress detailing why the agency reopened Democratic nominee Hillary Clinton's case to investigate the email server she used as secretary of state.
Reid drafted a letter to Comey Sunday night explaining how he had violated the Hatch Act by interfering with the presidential election and for having a preference toward the Republican Party.
"I'm writing to inform you that my office has determined that these actions violate the Hatch Act, which bars FBI officials from using their official authority to influence an election," Reid wrote.
He accused Comey of having close ties with Republican nominee Donald Trump, his top advisors, and the Russian government, which Trump has repeatedly named throughout his campaign and in the last presidential debate.
What exactly is the Hatch Act? The Daily News explains: The Hatch Act is a federal law that was passed in 1939 by President Franklin D. Roosevelt to limit federal agencies or its employees from interfering with political activities or federally funded programs.
This means federal employees can’t hold fund-raisers for politicians or receive donations, but they can vote for or against candidates running in an election, the law states.
The law was created because Republicans and Democrats suspected Roosevelt and his colleagues of obtaining power, according to the Washington Post.
The U.S. Office of Special Counsel is in charge of investigating Hatch Act violations.
The law also pertains to the use of social media and emails. The OSC provides several tips on its website on how to avoid violations.
The agency suggests federal employees should not engage in political activity in the workplace or express opinions. Liking or sharing statuses on Facebook and Twitter should also be avoided.
A recent example of a Hatch Act violation involved Housing and Urban Development Secretary Julian Castro during an interview with Yahoo News anchor Katie Couric in April 2016.
The OSC found that Castro violated the law when Couric asked him about his chances of becoming the Clinton's vice presidential nominee, according to Politico.
The watchdog group wrote a letter to President Obama stating, "OSC concluded that Secretary Castro violated the Hatch Act by advocating for and against Presidential candidates while giving a media interview in his official capacity on April 4, 2016."
Castro, who was appointed by the President to serve as housing secretary, admitted in a response letter to the OSC that he had violated the Hatch Act by offering his opinion in the interview, but that it was not his intent.
Another example of a Hatch Act violation involved former Health and Human Services Secretary Kathleen Sebelius who was accused of making "extemporaneous partisan remarks," during a government event, the OSC found, according to Politico.
In 2012, Sebelius said at a Human Rights Campaign Gala that Lt. Gov. Walter Dalton "needs to be the next governor of North Carolina," and also highlighted the Obama administration's achievements, Politico reported.
Sebelius resigned in April 2014, not because of her Hatch Act debacle, but due to an Obamacare fallout, sources told Politico.
The FBI did not immediately respond to questions regarding potential violations of the Hatch Act.
What is the Hatch Act?
ReplyDeleteThe act, passed in 1939, prevents federal employees from using their positions to benefit a particular political party. It also applies to some state, Washington DC and local government employees.
The legislation was named after Senator Carl Hatch of New Mexico, who campaigned against federal employees' political activities during elections. It was amended in 1993 to clarify that most federal staff can work on partisan campaigns in their own time.