The Office of Special Counsel (OSC) in the United States stated that Navy Secretary Carlos Del Toro violated the law by expressing support for President Joe Biden’s reelection during an official visit to the United Kingdom in January.
In a report submitted to the White House on Thursday, the supervisory agency highlighted that Del Toro made personal political statements regarding the U.S. presidential election during interviews with the British Broadcasting Corporation (BBC) and a speech in London.
According to the agency, Del Toro’s comments prior to Biden withdrawing from the presidential race violated the federal Hatch Act, which was passed in 1939 to prevent federal employees from using their positions or influence to interfere with or influence election outcomes.
Special prosecutor Hampton Dellinger stated in the report, “Secretary Del Toro, in an official capacity during an official trip, encouraged voters to support one candidate over another in the upcoming presidential election, crossing a legal line and violating the Hatch Act.”
Delinger noted that despite Del Toro acknowledging that military work and partisan politics should not be mixed, his dismissive attitude towards the violation and refusal to admit fault were particularly concerning.
On January 25, Del Toro, representing the U.S. Department of Defense at the Royal United Services Institute in the UK, expressed support for President Biden’s leadership, stating that Americans would come forward to support Biden for a second term.
Del Toro indirectly criticized former President Donald Trump in his speech, expressing concerns about the prospect of Trump returning to presidency and warning against aligning with authoritarian rulers whose interpretation of democratic principles is questionable.
Following the incident, Del Toro voluntarily reported the situation to the supervisory agency, admitting that he should have answered questions more broadly without mentioning specific candidates.
In a written response to the investigation findings, Del Toro’s lawyer, former Justice Department Inspector General Michael Bromwich, argued that Del Toro’s statements were spontaneous and did not directly name Trump. However, Delinger maintained that these circumstances did not excuse the violation.
Pentagon spokesperson Sabrina Singh stated in a press briefing in response to the violation that the Pentagon is reviewing the report to uphold public trust and confidence by avoiding actions that may imply support for any political party, candidate, or campaign.
Government officials found to be in violation of the Hatch Act could face dismissal, suspension, demotion, or up to a $1,000 fine, although few federal employees are typically penalized. The Hatch Act does not apply to the President and Vice President of the United States.