OSC says Navy secretary violated Hatch Act with election comments

Navy Secretary Carlos Del Toro violated U.S. law when he made statements supporting President Biden’s reelection bid during a public appearance earlier this year, according to a Thursday Office of Special Counsel report.

While answering questions after a January speech in London, Del Toro made multiple statements endorsing Biden’s candidacy and opposing former President Trump. These comments, which occurred prior to Biden’s exit from the race, violate the Hatch Act, according to an OSC report submitted to the White House.

The 1939 law prevents federal employees from engaging in political activity while acting in an official capacity and forbids them from using their official authority to influence the results of an election.

“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. By doing so, he crossed a legal line and violated the Hatch Act,” Special Counsel Hampton Dellinger said in the report. “This is especially troubling because Secretary Del Toro has himself acknowledged that military work and partisan politics should not be mixed.”

While answering questions after a Jan. 25, 2024 speech at the Royal United Services Institute in London, Del Toro said, “I'm confident that the American people will step up to the plate come November and support President Biden for a second term as our commander-in-chief, so that we can continue to work together as free democratic countries respect each other around the globe," the report states.

Del Toro later self-reported these remarks to OSC. The watchdog’s report also includes a written response from Del Toro’s lawyer, Michael Bromwich, arguing the Navy secretary’s comments do not constitute a violation of the Hatch Act because they were a “spontaneous and unpremeditated” response to a question and not part of prepared remarks.

However, Dellinger and OSC reject this argument and indicate that although Del Toro self-reported the comments, this should not absolve him. It is unclear what consequences Del Toro will face as a result of the violation.

Asked about the OSC report during a press briefing today, Deputy Pentagon Press Secretary Sabrina Singh emphasized the importance of complying with federal law but made no specific comment on the report’s findings, saying it is still under review at the Defense Department.