The American Spectator has in its possession a construct of an e-mail sent by President Obama and DoD Secretary Hagle to all military members attacking Republican opposition to his agenda and the Government Shutdown. A clear violation of the Hatch Act.
“Military and civilian employees of the federal government are absolutely prohibited from using government supplies, equipment, communication systems and facilities in any political activity.” (DoD Memo)
The American Spectator has been provided with the text of a political message sent on Saturday evening, using Department of Defense communications systems, on behalf of President Obama and Secretary of Defense Hagel.
It is addressed to “all US government employees” and further specified by the DoD sender to go to “all subordinate commands,” in compliance with Hagel’s call for “the widest possible distribution.”
The message contains standard presidential lauding of public service, but goes on to attack the current government shutdown by specifically castigating the House of Representatives, saying that the House — which is unsubtle code for Republicans — should “follow the Senate’s lead…without trying to attach…partisan measures in the process.”
I am not an attorney and do not play one on TV, but my assessment is that the sending of this message via government-owned communications systems is a violation of at least one federal law and at least one military regulation.
To wit:
The Secretary of Defense, as a Senate-confirmed presidential appointee falls into a class of federal employees considered “further restricted.”
According to a Department of Defense ethics document (describing the application of the Hatch Act to further restricted employees), “political activity is defined as an activity directed toward the success or failure of a political party, candidate for partisan political office or partisan political group.”
A message which specifically criticizes part of the government which is under the control of a particular political party of “partisan” activities is, on its face, a partisan message aimed at harming a political party, and therefore fits the Hatch Act definition of “political activity.” (read more including the email itself)
