US Navy Secretary Carlos del Toro violated a law limiting political activity by federal employees when he publicly advocated voting for President Joe Biden and criticized former President Donald Trump, the Office of Special Counsel said Thursday.
US federal employees are subject to the Hatch Act, a law that limits certain political activities to keep the government free from partisan influence. It prohibits using official authority to influence the outcome of elections.
During a speech in London while on an official visit in January 2024, del Toro said he was “confident that the American people will come forward in November and support President Biden for a second term as our commander-in-chief.”
The Office of Special Counsel, an independent federal investigative and prosecutorial agency, said that during the event and in an interview with the BBC later that day, del Toro “also expressed his electoral opposition to President Trump as a candidate.”
“Speaking in his official capacity while on a taxpayer-funded trip, Secretary del Toro encouraged electoral support for one candidate over another in the upcoming presidential election,” Special Counsel Hampton Dellinger said.
“In doing so, he has crossed the legal line and violated the Hatch Act,” Dellinger said. “This is particularly troubling since Secretary del Toro himself has acknowledged that military operations and partisan politics should not be mixed together.”
Del Toro reported his own comments to the watchdog, saying he intended to discuss the importance of strong international alliances.
“Upon reflection, I believe my answer should have been presented more broadly, without reference to specific candidates,” he told the office.
The US military is supposed to be apolitical, loyal to the US Constitution, and independent of any party or political movement. Del Toro was appointed Navy Secretary by Biden, a position held by a civilian.
Possible penalties include fines or removal from office.
The Pentagon said Thursday that it was reviewing the report but that in general it was important for the military to avoid any actions that could suggest support for a political party or campaign.
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