Navy Secretary Carlos Del Toro has been found in violation of federal law for endorsing President Joe Biden’s reelection campaign and criticizing former President Donald Trump during an overseas event earlier this year, the U.S. Office of Special Counsel (OSC) announced Thursday.
Newsweek reported that the OSC determined Del Toro violated the Hatch Act, a law that prohibits federal employees from engaging in political activities while on duty, during a January 25 event where he spoke about the need for a “mature” leader like Biden.
During the event, Del Toro suggested the country cannot afford a president who aligns with “autocratic dictators,” a comment aimed at Trump. These statements were part of an overseas event where Del Toro was speaking in his official capacity as Navy Secretary.
The OSC investigation, launched after Del Toro’s comments, confirmed that his statements amounted to political activity while on duty, which is strictly prohibited by the Hatch Act. This law aims to ensure that government officials, particularly those in positions of power, do not use their platform to influence elections.
"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," Special Counsel Hampton Dellinger said.
He emphasized that such behavior is especially concerning because Del Toro had previously acknowledged the importance of keeping partisan politics separate from military work.
Del Toro’s comments were not confined to the January 25 event. On the same day, he participated in an interview with “BBC News Sunday,” during which he made similar remarks that were critical of Trump.
His statements in the interview focused on concerns about leaders who, in his view, did not align with core democratic principles.
"My worry is that, you know, we as Americans... since I served in uniform, you’ve had both Republican and Democratic presidents who’ve always abided by the core values of our country," Del Toro said during the interview. He suggested that Trump did not align with these values, raising concerns about his leadership.
Del Toro later self-reported his comments from the BBC interview to the OSC on February 1, acknowledging that his remarks may have crossed a line.
He claimed that his intentions were focused on national security and the importance of international alliances but admitted that his answers should have been delivered more broadly without directly referencing specific political figures.
Despite his efforts to self-report, the OSC clarified that this action did not absolve him of misconduct. The office noted that while Del Toro's transparency was commendable, it did not excuse his violation of the Hatch Act.
Del Toro’s lawyer, Michael Bromwich, defended his client, arguing that the remarks were spontaneous and did not constitute a direct violation of the law. According to Bromwich, Del Toro’s focus was on broader national security concerns, and he did not intentionally advocate for or against any political candidate.
In response to the OSC's findings, Del Toro further argued that the interview with BBC News did not air in the United States and denied making some of the specific comments attributed to him, particularly those directly critical of Trump.
Despite these defenses, the potential consequences for violating the Hatch Act remain significant. Penalties include removal from office, demotion, a reprimand, or a civil fine of up to $1,000.
In the wake of this incident, Pentagon spokesperson Sabrina Singh confirmed that Deputy Secretary of Defense Kathleen Hicks approved a memo outlining political engagement guidelines for military and civilian personnel. This memo aims to prevent future violations of the Hatch Act by clarifying the boundaries for political activity by government officials while on duty.
The Department of Defense has emphasized the importance of maintaining neutrality in political matters, particularly when speaking in an official capacity, to avoid any appearance of partisanship.
As of now, the United States Navy has not issued an official comment in response to the OSC’s findings. Requests for comment from the Daily Caller News Foundation went unanswered, leaving the Navy’s position on the matter unclear.
Del Toro's case serves as a reminder of the strict limitations imposed on federal employees under the Hatch Act. The law is designed to preserve the impartiality of government officials, ensuring that they do not leverage their positions of power to influence the outcome of elections.
