Special Counsel Concludes Navy Secretary Violated Hatch Act With Election Comments

Navy Secretary Carlos Del Toro, the top civilian in the Department of the Navy, violated a federal law against politicking in office, according to a new report by the U.S. Office of Special Counsel (OSC).

The president appoints the special counsel, and the OSC is tasked with investigating alleged violations of the Hatch Act and other prohibited personnel practices.

The new report states that Del Toro violated the Hatch Act during a January visit to the UK to raise support for a U.S.-led maritime security operation in the Red Sea known as Operation Prosperity Guardian. During a speech and question session at the Royal United Services Institute on Jan. 25, Del Toro faced a question as to whether the United States might, based on the outcome of the 2024 presidential election, take “a more isolationist approach” on foreign affairs.

Del Toro replied that “the United States and the world need the mature leadership of President Biden,” that Biden “is the protector of democracy around the globe” and that “we cannot afford to have a president who aligns himself with autocratic dictators and rulers whose interpretation of democratic principles is suspicious [at] best.”

“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,” Del Toro added.

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In an interview with the BBC moments after his Royal United Services Institute remarks, Del Toro faced additional questions about the political candidates in the 2024 U.S. election. BBC host Laura Kuenssberg, referring to former president and Republican 2024 candidate Donald Trump, remarked to Del Toro, “You said he had a suspicious attitude to democracy.”

“Absolutely so,” Del Toro replied.

The Navy secretary reported these remarks to OSC a week later, on Feb. 1, and acknowledged a political tint in how he handled the question.

“My intent in the interview was to respond with a focus on national security and the importance of strong international alliances,“ Del Toro’s Feb. 1 letter reads. ”In retrospect, I believe my response should have been delivered more broadly without reference to specific candidates.”

Dellinger initiated a Hatch Act review in response to the Feb. 1. In an assessment he drafted on Aug. 6, Dellinger said it’s “undisputed” that Del Toro was on official travel during his visit to the UK and that he was acting in his official capacity during his remarks at the Royal United Services Institute and an interview moments later with the BBC.

The OSC report includes a response statement from Del Toro’s attorney, Michael Bromwich, who argued that the OSC “fails to appreciate the spontaneous and unpremeditated nature of the comments” Del Toro made and should not be treated as a Hatch Act violation. Bromwich also argued that Del Toro “was careful not to mention Trump by name” during his BBC interview.

“While Secretary Del Toro has explained that his statements were applicable to any presidential candidate and asserted that he did not explicitly reference President Trump at either event, his explanation is not credible,” Dellinger wrote.

The special counsel said Del Toro directly answered the BBC interviewer’s questions about Trump, and “took ownership” of statements about Trump that the BBC interviewer attributed to the Navy official.

Dellinger also rejected a defense that Del Toro’s comments about Biden were nonpartisan statements of fact.

“His statements were not mere discussions of policy differences between Presidents Biden and Trump unconnected to the upcoming November presidential election,” Dellinger wrote. “Secretary Del Toro’s statements with overt reference to the election conveyed electoral support for one candidate and opposition to another candidate, and thus, constituted political activity.”

“It’s important that we maintain the trust and confidence of the American people, which requires us to avoid any action that could imply the support of any political party, candidate, or campaign,” Singh said.

The Epoch Times reached out to the White House for comment on the OSC report but did not receive a response by press time.

Bromwich stood by his defense of Del Toro’s comments in an emailed statement to The Epoch Times on Friday.

“This is an unwarranted and inappropriate extension of the Hatch Act,” Bromwich wrote. “Secretary Del Toro had no intention to affect the election, and could not have done so because his comments were made abroad and the audience was exclusively foreign journalists.