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.