Daily Kos

Hatch Act Violations for the Prosecutors?

Thu Mar 27, 2008 at 03:44:27 PM PDT

It is fantastic that the 11th Circuit Court of Appeals has granted Don Siegelman, former governor of Alabama, the right to wait out his appeal from outside the walls of prison.

The question I have is: "Can the people involved be brought to justice?"

Anyone who saw the CBS news coverage and heard the individual testimony about this political prosecution KNOWS that a "wrong" was done.

But does a "wrong" equate with a "crime"?

Under the Hatch Act, it does....

The Hatch Act of 1939, originally entitled the Harry-Potter-esque "An Act to Prevent Pernicious Political Activities," strictly prohibits partisan political activities at the Federal and State level by government employees.

According to the Hatch Act for Federal Employees:

Federal and D.C. employees may not-

  • use official authority or influence to interfere with an election
  • solicit or discourage political activity of anyone with business before their agency
  • solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee organizations)
  • be candidates for public office in partisan elections
  • wear partisan political buttons on duty
  • engage in political activity while:
  • on duty
  • in a government office  
  • wearing an official uniform
  • using a government vehicle  
  • Employees of the following agencies (or agency components), or in the following categories, are subject to more extensive restrictions on their political activities than employees in other Departments and agencies:

  • Administrative Law Judges
  • Central Imagery Office
  • Central Intelligence Agency
  • Contract Appeals Boards
  • Criminal Division (Department of Justice)
  • Defense Intelligence Agency
  • Federal Bureau of Investigation
  • Federal Elections Commission
  • Merit Systems Protection Board
  • National Security Agency
  • National Security Council
  • Office of Criminal Investigation (Internal Revenue Service)
  • Office of Investigative Programs (Customs Service)
  • Office of Law Enforcement (Bureau of Alcohol, Tobacco and Firearms)
  • Office of Special Counsel
  • Secret Service
  • Senior Executive Service
  • At the state level, the Hatch Act prohibits the following:

    Covered state and local employees may not:

  • be candidates for public office in a partisan election
  • use official authority or influence to interfere with or affect the results of an election or nomination
  • directly or indirectly coerce contributions from subordinates in support of a political party or candidate
  • So, it is clear that anyone at the Justice Department or in the Alabama State Attorney General's office can be pursued under the Hatch Act.

    Could anyone in the Executive Branch, such as Karl Rove, also be held accountable under the Hatch Act?

    I dunno.

    Tags: Don Siegelman, Hatch Act, Karl Rove, Alabama (all tags) :: Previous Tag Versions

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