Navy Secretary Carlos Del Toro violated federal law by endorsing President Joe Biden’s reelection campaign and criticizing former President Donald Trump while overseas, the U.S. Office of Special Counsel said Thursday.
The OSC report claimed Del Toro violated the Hatch Act when he said the country needs a “mature” leader like Biden and cannot afford a president who aligns with “autocratic dictators” during a January 25th event. The Hatch Act forbids U.S. officials from participating in political activities while on duty.
“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. “This is especially troubling because Secretary Del Toro has himself acknowledged that military work and partisan politics should not be mixed.”
Del Toro also gave an interview to “BBC News Sunday” the same day as the January event, where he appeared to make a remark critical of Trump.
“My worry is that, you know, we as Americans, for as long as I can remember, certainly, since I served in uniform, you’ve had both Republican and Democratic presidents who’ve always abided by the core values of our country, protecting the freedoms of Americans and other people around the globe and protecting democracy itself,” he said, according to the OSC report. “And when you have someone who doesn’t align to those core principles, it makes you wonder, you know, should you be supporting that individual?”
Del Toro self-reported the comments he made during the BBC News appearance to the special counsel on February 1st, according to the report. He claimed that while he intended to “respond with a focus on national security and the importance of strong international alliances,” his answers “should have been delivered more broadly without reference to specific candidates.”
The OSC stated that Del Toro’s self-reporting did not clear him of misconduct.
Del Toro’s lawyer, Michael Bromwich, argued that the remarks were spontaneous and did not directly violate the Hatch Act, according to the OSC report. Del Toro also argued that the interview did not air in the U.S., and he denied making the specific comments attributed to Trump.
Possible penalties for violating the Hatch Act include removal, demotion, reprimand or a civil fine up to $1,000, according to the Navy Times.
Pentagon spokesperson Sabrina Singh acknowledged the OSC report and said that Deputy Secretary of Defense Kathleen Hicks had earlier approved a memo detailing political engagement guidelines for both military and civilian personnel within the department, Navy Times reported.
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