Saturday, August 29, 2020

Hatch Act Exception for High-Ranking Officials; Too Late for Outrage

















I expect that Swaggerin' Mike will slip through the the aghast & outraged mob after his remote address to the Republican convention.
"It's all just shredding the Hatch Act," a current U.S. diplomat said, referring to the federal law that prohibits government employees from political activity on the job or in their official capacities.
But, is it? Not according to the Congressional Research Service report titled Hatch Act Restrictions on Federal Employees’ Political Activities in the Digital Age (2016):
The Hatch Act provides an exception to allow certain high-ranking officials to “engage in political activity otherwise prohibited ... if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.” The exception is available to employees who hold positions with responsibilities that “continue outside normal duty hours and while away from the normal duty post,” such as presidential advisers or cabinet officers appointed by the President with the advice and consent of the Senate. In other words, these officials may engage in political activities during what would be considered official working time, as long as federal funds are not used for such activities. Any such official must reimburse the U.S. Treasury for the federal resources used in campaign activities.
You can look it up in 5 U.S.C. §7324(b)(1), and 5 U.S.C. §7324(b)(2). A SecState is, in fact, free to engage in political activities which would otherwise be prohibited to lesser officials. Quod licet Jovis, non licet bovis.

That is perfectly plain in law. Like I always wondered in school, why does no one do the reading?

Of course, there  is also the argument about long-standing traditions:  
[Pompeo is] breaking with long-standing traditions aimed at isolating American's foreign policy from partisan battles at home.
But, is he? I'd like to know when, exactly, we observed any such tradition. In recent years we've had a SecState who had just finished running for President and another who was preparing to run for President. Folks, the position is far from being isolated from domestic politics. 

Everyone knows that 'politics stops at the water's edge,' or at least that's what Senator Vandenberg said back in the 1940s, right? Considering that he was a Republican who was in office throughout five consecutive Democratic administrations, that statement always struck me as his wish rather than a description of reality. Truman and Roosevelt never expressed any such sentiment, and they were the ones in charge of foreign policy, not Vandenberg. 

It's rather too late and far too unrealistic to be aghast and outraged about domestic politics creeping into the SecState's role.


26 comments:

W.Dan Davenport MD said...

TSB: Trump will be in Kenosha Tuesday. I don't want to miss that one. gwb

Anonymous said...

TSB: My sources tell me that Durham interviewed Brennan for 8 hours on Aug 21st at CIA Hdqtrs. Then Brennan and associates leaked that Durham told him he was not a target in the investigation. 8 hrs in Virginia, not DC means that Durham was confronting Brennan with everything all the other interviewed witnesses had said and avoiding the DC court system.
So, yes, Brennan was "just a witness",but witnesses often become targets unless they are verifiably truthful under oath. Brennan and Clapper have long careers as protected hacks but now it looks like Brennan is in the soup! So let's get back to the important stuff like how Biden's tv ratings were better than Trumps! gwb

TSB said...

That should be epic. I saw some photos of the damage, and it was far worse than I'd expected.

An infuriating thing is that the Wis. Army National Guard has an MP Battalion based in Kenosha. The Governor could have called them up and they would have been effective at stopping the destruction. The damage is due to local government malfeasance.

Anonymous said...

TSB: Turns out that press conference in Portland was not only a mess but also poorly timed because his sister identified him and PPD has been arresting him on
"mostly non-violent" charges regularly for the past 3 months.
gwb https://www.zerohedge.com/political/portland-police-investigate-100-antifa-suspect-identified-4chan-hours-after-shooting
https://www.zerohedge.com/political/portland-police-investigate-100-antifa-suspect-identified-4chan-hours-after-shooting

TSB said...

So many Portland arrests but so little prosecution. That's why the Oregon State Police gave up protecting the Federal courthouse after two weeks. They said they'd arrested 850 people but the city prosecutor let 800 of them go.

To bring that three month-long riot to an end the prosecutor ought to listen to the words of Elvis: we need a little less conversation, a little more action / a little more bite, a little less bark.

Anonymous said...

TSB: Pilots Landing At LAX Report 'Guy In Jetpack' Flying Alongside Them...That could be Elvis, Walt Disney or Nancy Pelosi? Definitely not Trump or Florida Man. gwb

https://www.thedrive.com/the-war-zone/36096/airline-pilots-landing-at-lax-report-a-guy-in-jetpack-flying-alongside-them-on

TSB said...

Q-Anon is my guess. With an outside chance of Walt Disney, who always loved cutting edge tecnology.

Anonymous said...

TSB: Gov. Brown extends COVID-19 state of emergency until Nov. 3 (lol)
It seems that Gov Brown is having a problem with people who keep trying to get her removed from office. For the 4th time a bi-partisan attempt to impeach her has failed to gather the required number of signatures, but not by much.
Gov. Brown cancelled both Oregon State Fairs this year which is where they have gathered the majority of their signatures in the past. Today they announced
the purchase of a concrete barrier for the 100 year old I-5 bridge to stop gang members from flying back and forth from Oregon to Washington after shootings and drug deals. It's a pretty spendy device that can block the bridge in both directions in about 2? minutes. She doesn't seem to thrilled about Trump's Thursday visit. I hope she has a job lined up with Joe Biden or the NBA. gwb

TSB said...

GWB: That is really good news to me on two fronts. One, I love recall efforts; that's democracy at its best, keeping politicians in fear (if you can't keep them honest). And, two, that bridge barrier is a great response to out-of-control crime; Chicago is doing something similar although slower when they raise bridges to keep mobs out of the nicer parts of the city.

Anonymous said...

TSB: Portland Mayor Tells Neighbors He's Moving After Riot Outside His Condo!
(Speaking of Chicago) I wonder if he will be going to an undisclosed location?
gwb

TSB said...

I assume it would have to be undisclosed, or else he'll just take the mob with him. I'd like to think this is just a ploy to drive down the value of that pricey condo building so the Mayor can pick up a few more units cheap.

Anonymous said...

TSB: Trump encourages North Carolina residents to vote twice to test mail-in system lol! And try voting using the name of your boat too! gwb

W.Dan Davenport MD said...

TSB: Lots of interesting stuff happening today. Dead men don't wear plaid !
Portland Murder Suspect Dead Afer Pulling Gun On Feds During Arrest; Admitted Guilt Hours Earlier In Vice Interview
https://www.zerohedge.com/political/i-had-no-choice-i-mean-i-had-choice-portland-suspect-murder-trump-supporter-claims-self
I guess armed and dangerous describes this guy pretty well. Let's see if Ted Wheeler comes out of hiding now. Kim Iversen reports that Twitter has closed the account of the "Unity Party" which held a meeting this past weekend to discuss getting leaders for an "anti-establishment party. They decided on Tulsi and Dan Crenshaw. Twitter has a real "Pelosi" kind of agenda so no anti-establishment speech will be allowed. Joe was on his big empathy tour today but the family of the "victim" was really surprised they weren't allowed to ask any questions or have any actual conversation with the masked marvel! gwb

Anonymous said...

TSB:
Also, brilliant new study using a super computer show the exact pathways the virus is blocked by Ivermectin-Zinc and vitamin D to prevent Cytokine Storm.
Supercomputer Breakthrough For Treating Covid-19? https://youtu.be/GOxRfNCTV6U

Now we have the exact (very complicated) pathways the virus uses to manipulate the body into defeating the body's natural defense mechanisms and allowing it easy access. and how simple it is to use the above to block the virus. gwb
Twitter is blocking all content like this that go against the Fauci narrative that we need a vaccine or we're all gonna die.

TSB said...

GWB: That Portland murder suspect Vice interview was one of the crazier things to happen today. The police don't arrest someone who is publicly confessing to and justifying his killing an unarmed man who wasn't attacking him?

Well, today Federal Marshals came to arrest him (he had made the crucial mistake of crossing a state line), he pulled his rifle on them, and they killed him.

Anonymous said...

TSB: Hmm, that's interesting. The guy was the hero of the antifa-mob who celebrated after the shooting. From the other news stories it seems like the rest of his family wanted nothing to do with him suggesting he was wacked out on drugs most of the time. (like a lot of these police haters who do the violence and get killed by the cops) I notice this am the OSP has been "federalized" as a condition of helping the Portland Police which will avoid having to deal with the local prosecutor or the middleman black police chief.
On a sad note, Disney has finally done what they have talked about for several years: “Zip-a-dee-doo-dah” not inclusive enough for Disney
by TDB - Sep 4, 2020 10:54 am
What exactly are the lyrics of Zip-a-dee-doo-dah that make it so inflammatory? I used to sing that song on my walk to 1st grade. Really got me in a good mood! No wonder little kids have their own suicide hotline now! Happy Labor Day Weekend!! gwb

TSB said...

GWB: Yeah, he seems to have had a very disturbed background. He antifa job as a 'security guard' evidently was based on his claim to have been a military contractor at some point, which might have been untrue.

I loved that old Disney tune, too. Father Guido Sarducci (the comic Don Novello) called it his favorite music because "there is no way you can be depressed when you hear that song."

Anonymous said...

Well the Left has what they think is their "Joe Hill" it may not turn out that way. Cue the songwriters, where's Joan Baez?
Sennacherib

Maybe just Pete Seeger or Mimi Farino

Anonymous said...

Yes, Find the popes in the pizza. I miss him.
Sennacherib

Ps. Do you remember the "Shrinemobile"?

TSB said...

The shrinemobile! Yes, I remember all of his theology, oddly enough. That guy was great. I still have his rendition of Parco Macarthur on my iTunes.

Joan Baez, OTOH, I was never a fan. She terribly screwed up the lyrics to The Night They Drove Old Dixie Down.

TSB said...

Too good not to post: m.youtube.com/watch?v=MYV5Zj_VmS0 La Torta In la Pioggia

Anonymous said...

TSB: I looks like maybe my $19.95 Bear Spray isn't going to protect me from BLM! n court documents unsealed Friday, investigators said they interviewed multiple witnesses who said Mr. Reinoehl and Mr. Danielson had confronted each other on a street corner that evening. Mr. Danielson fired bear spray at Mr. Reinoehl, and Mr. Reinoehl responded with two gunshots. One of the gunshots penetrated Mr. Danielson’s chest, killing him, the detective said.

Anonymous said...

As an upstanding member of the ex-altar boys association I have been a Guido fan for years!
Sennacherib

La Observatory forever!

Anonymous said...

TSB: Had to watch that Shrinemobile episode again! Then about 4 more Don Novello
pieces. I used to drive my dad crazy making him watch that stuff. He was a little more
"conservative". gwb

Anonymous said...

TSB:The U.S. Open Descends Into Pandemic Precaution Chaos...edit...(French elite Chaos)
https://www.msn.com/en-us/news/us/the-u-s-open-descends-into-pandemic-precaution-chaos/ar-BB18KrAX?ocid=msedgdhp
Turns out the supposedly "social distancing" French players got into a big poker game at their Long Island Hotel and picked up the virus from someone outside the group. That has delayed the whole US Open til at least next weekend, but the young French female star who neve is particularly aggrieved because her semi-final match was delayed while she was quarantined and then she lost due to the stress!
She probably doesn't realize that trying to follow NY State/NYC/CDC guidelines is designed to make you want to move to FLORIDA! ... “I have only one desire, and that’s to get my freedom back, and even that we don’t have yet,” Mladenovic said in French, fighting back tears, after she lost her second-round singles match Wednesday. (French/US communication has been faulty since at least the Civil War. gwb)

Anonymous said...

GWB,
I had a friend who studied to be a priest at the North American College at the Vatican. He told me that once the word went around that Father Guido had been spotted in a clerical clothes shop in the Vatican. Well that was it classes emptied out and all the students looked for Guido.

Ps. In St. Peter's square all those statues on the building are saints. My friend used to sneak up there at night with cigars and wine and write me letters while I was in the army. "Letters from Rome" sorry saint paul.
Sennacherib