The U.S. Office of Special Counsel has found that Navy Secretary Carlos Del Toro violated the Hatch Act by publicly endorsing President Joe Biden’s reelection and criticizing former President Donald Trump while on official duty overseas. Del Toro made these comments during a BBC interview and in response to questions after a speech in London. While he later reported the remarks, the special counsel noted his unwillingness to take responsibility for them. Del Toro’s comments were made before Joe Biden dropped out of the presidential race and were deemed to violate the Hatch Act, which prohibits U.S. officials from engaging in political activity while on duty.

Del Toro’s comments included statements such as “The United States and the world need the mature leadership of President Biden” and remarks about Trump’s democratic principles, questioning if individuals should be supporting someone who does not align with core American values. Del Toro later self-reported the incident to the special counsel, claiming his intention was to focus on the importance of strong international alliances. However, the special counsel found that Del Toro had crossed a legal line and criticized his unwillingness to acknowledge a mistake. The Pentagon is reviewing the report, emphasizing the importance of maintaining the trust and confidence of the American people by avoiding actions that imply support for any political party or candidate.

The special counsel’s report comes after two Democratic members of Congress raised concerns about ensuring the military remains apolitical during the 2024 presidential election. Violations of the Hatch Act can result in penalties such as firing, suspension, demotion, and fines up to $1,000 for federal employees. While Del Toro’s lawyer argued that his remarks were spontaneous and unpremeditated, the special counsel maintained that he had violated the Hatch Act by making political statements while on official duty. Del Toro has issued a directive for his Navy force emphasizing the apolitical nature of the Department of the Navy, stating that public trust and confidence depend on this principle.

The White House has not yet responded to requests for a comment on the special counsel’s findings regarding Navy Secretary Del Toro’s violation of the Hatch Act. The importance of maintaining neutrality in the military and avoiding political activity while on duty is crucial to upholding public trust and confidence in the armed forces. While few penalties are typically enforced against federal employees who violate the Hatch Act, it serves as a reminder of the legal boundaries that government officials must adhere to in order to preserve the apolitical nature of their roles. Del Toro’s case serves as a cautionary tale for officials in positions of authority to remain nonpartisan while representing the government both domestically and internationally.

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