Navy Secretary’s Actions Spur Hatch Act Controversy

Navy Secretary Carlos Del Toro violates federal law by endorsing Biden and criticizing Trump while on duty.

At a Glance

Navy Secretary Carlos Del Toro violated the Hatch Act with political comments supporting Biden and criticizing Trump.
The U.S. Office of Special Counsel determined Del Toro’s comments were political activity and violated federal law.
Del Toro made the comments during a speech in London and a subsequent BBC interview on January 25, 2024.
The Hatch Act prohibits federal employees from engaging in political activity while acting in an official capacity.

Navy Secretary’s Political Misstep

In a controversial move that has raised eyebrows across Washington, Navy Secretary Carlos Del Toro has been found to have violated the Hatch Act, a long-standing federal law designed to maintain political neutrality among government officials. The U.S. Office of Special Counsel (OSC) determined that Del Toro crossed a legal line when he made statements supporting President Biden’s reelection and criticizing former President Trump during an official overseas trip.

The incident occurred on January 25, 2024, during Del Toro’s speech at the Royal United Services Institute in London and a subsequent BBC interview. In these appearances, Del Toro made remarks that the OSC deemed as political activity, directly contravening the Hatch Act’s prohibition on federal employees engaging in such behavior while acting in an official capacity.

Del Toro’s Controversial Comments

During his London appearance, Del Toro made several statements that caught the attention of ethics watchdogs. He praised President Biden’s leadership and criticized former President Trump’s alignment with autocratic leaders, comments that went beyond mere policy discussions and veered into electoral territory.

The Hatch Act and Its Implications

The Hatch Act of 1939 is a crucial piece of legislation designed to maintain the integrity and impartiality of the federal government. It prohibits federal employees from engaging in political activities while acting in their official capacities. This law is particularly important for military leaders and high-ranking officials, as it helps ensure that our armed forces remain apolitical and focused on their primary mission of national defense.

“When speaking in his official capacity on a taxpayer-funded trip, Secretary Del Toro encouraged electoral support for one candidate over another in the upcoming presidential election. By doing so, he crossed a legal line and violated the Hatch Act,” Special Counsel Hampton Dellinger said in the report. “This is especially troubling because Secretary Del Toro has himself acknowledged that military work and partisan politics should not be mixed.”

While the Hatch Act is not a criminal statute, violations can result in civil penalties, including firing, suspension, demotion, or fines. However, such penalties are rarely enforced, especially for high-ranking officials.

Response and Aftermath

In the wake of the OSC’s findings, various parties have weighed in on the situation. Del Toro’s lawyer, Michael Bromwich, argued that the secretary’s remarks were spontaneous and unpremeditated, suggesting they should not be considered a violation of the Hatch Act. However, Special Counsel Dellinger found this defense irrelevant and emphasized the importance of taking responsibility for the violation.

The Department of Defense is currently reviewing the OSC’s report on Del Toro. Deputy Defense Secretary Kathleen Hicks has emphasized the importance of remaining apolitical in a memo to DOD personnel. Meanwhile, the Navy and White House have not yet responded to requests for comment on the matter.

This incident serves as a stark reminder of the importance of maintaining political neutrality within our military and government institutions. As the 2024 presidential election approaches, it is crucial for all federal employees, especially those in leadership positions, to remain vigilant in adhering to the Hatch Act and preserving the public’s trust in our democratic institutions.