Oops: Sebelius broke the law campaigning for Obama at an official event

posted at 1:21 pm on September 13, 2012 by Erika Johnsen

Health and Human Services Secretary Kathleen Sebelius, of ObamaCare-implementation fame (or rather, notoriety, as the case may be), had a bit of a slip-up that violated federal law during an official government event when she ‘accidentally’ endorsed President Obama and a local Democratic politician. Via CNN:

The Office of the Special Counsel on Wednesday announced it was citing Secretary of Health and Human Services Kathleen Sebelius for illegally making political comments at an official event, which is a violation of the federal Hatch Act.

The counsel found that she made the comments when delivering the keynote speech at the Human Rights Campaign Gala in February.

The law prohibits most federal employees from “engaging in political activity while on duty,” according to the special counsel, but some officials, such as cabinet secretaries, are permitted to make political statements in their personal capacity. The Office of Special Counsel is an independent government agency which can investigate and prosecute.

The counsel found that “the Secretary departed from her prepared outline” when she told attendees at the event, “it’s hugely important to make sure that we reelect the President and elect a Democratic governor here in North Carolina.”

Obviously, it’s not like the ideological bent is a surprise or anything, and the very nature of a cabinet official’s job is to make their party’s policies look good, but I do think that the average taxpayer minds when a high-up government employee specifically campaigns for their boss and their party on our time and our dime — hence one of the reasons for the Hatch Act in the first place. When she was found out, it appears that Sebelius reclassified the trip from official to political and reimbursed the feds, and wrote in an e-mail to the Office of Special Counsel that “keeping the roles straight can be a difficult task, particularly on mixed trips that involve both campaign and official stops on the same day” and argued that she really doesn’t think this needs to be an issue anymore (the special counsel is now forwarding their report to President Obama for “appropriate action,” uh huh). I’m sure that it is a difficult job, toeing the line between officiating and campaigning, but it is your job, so please do try, won’t you? And yeah, it seems pretty minor, but with all of the inefficiencies, oversights, and instances of corruption coming out of our federal government on a daily basis, it is ever-so-slightly quelling that we have yet to descend into some complete China-like quagmire of underhanded crookedness in which even just potentially sketchy activities like this are allowed to slide without being called out by a free and open press. Just sayin’.


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So? She’s a Democrat. Rules are different.

natasha333 on September 13, 2012 at 1:23 PM

Sebelius is one of the most unchecked enemies of the free people of the US.

Schadenfreude on September 13, 2012 at 1:24 PM

The legacy media has been all over this story…

d1carter on September 13, 2012 at 1:25 PM

Oops: Sebelius broke the law campaigning for Obama at an official event

So? Did you hear what Romney said yesterday? What a gaffer!! lol!
-MSM

Gatsu on September 13, 2012 at 1:25 PM

And, she’s an abortion loving Democrat. Even more special exceptions apply to those. Wait, that would be almost all Democrats, wouldn’t it?

natasha333 on September 13, 2012 at 1:25 PM

The unchecked power of her position s/b outlawed in a free land.

Key word “free”.

Schadenfreude on September 13, 2012 at 1:25 PM

So hold her accountable.

HHAHAHAHAHAHAHAHA

I crack myself up.

Bishop on September 13, 2012 at 1:25 PM

Laws are for the little people.

Rebar on September 13, 2012 at 1:25 PM

This is the woman who will dictate what kind of medical coverage you can must buy.

forest on September 13, 2012 at 1:25 PM

Feinstein and her husband are the other crooks. They made millions off ‘auditing’ Medicare, got caught, now her husband runs the same hoax, under a different name.

Media is intentionally asleep at the switch about it.

Schadenfreude on September 13, 2012 at 1:26 PM

Yep, move along, nothing to see here.

What, you expect the Dims to hang her out to dry like she was a Republican? LOL, yeah, let me know when that happens.

Meople on September 13, 2012 at 1:26 PM

Jeez, if she had just said “it’s hugely important to make sure that we elect candidates that support partial birth abortion,” she would have been A-OK!

Mr. Arkadin on September 13, 2012 at 1:27 PM

Corruption in legacy media breaks all time records…

d1carter on September 13, 2012 at 1:27 PM

Romney will need a dozen of Attorney Generals to prosecute so many high-ranked criminals before they flee the country.

Archivarix on September 13, 2012 at 1:27 PM

Oops: Sebelius broke the law campaigning for Obama at an official event

Not to worry, Erick Holder’s Department of Injustice will get right on this… Right after they find out who was responsible for “Operation Fast and Furious”. Meanwhile the story the Fifth Column Treasonous Media is doing it’s best to not report is that War is coming to the Middle East.

SWalker on September 13, 2012 at 1:28 PM

LAW?

hahahahahahahahahaha LOLOLOLOLOLOLOLOL.

This Administration? Are you freaking serious? Obama could do almost anything and the gop in congress would just Whiiiiiiiiiine and that’s it.

He should have been impeached a long time ago for abuse of power.

PappyD61 on September 13, 2012 at 1:28 PM

I’m sure that it is a difficult job, toeing the line between officiating and campaigning, but it is your job, so please do try, won’t you?

How mean of you, to ask that a progressive actually try to do her job.

rbj on September 13, 2012 at 1:28 PM

She should be fined, and required to drive her arm, elbow high, into a uterus, to remove an unborn baby.

Let her worship her deity of death.

OhEssYouCowboys on September 13, 2012 at 1:28 PM

king barry’s czars are not beholden to the laws of the land and the constitution… silly serfs.

mittens on September 13, 2012 at 1:28 PM

“Laws are what we use to enforce OUR will on YOU, not the other way around.”

Flange on September 13, 2012 at 1:28 PM

Corruption in legacy media breaks all time records…

d1carter on September 13, 2012 at 1:27 PM

Indeed it does…

SWalker on September 13, 2012 at 1:29 PM

…underhanded crookedness in which even just potentially sketchy activities like this are allowed to slide without being called out by a free and open press. Just sayin’.

All is well – we have the MSM and Ms. Sebelius has a (D) after her name.

Now if a Republican has an unlicensed dog….it’s time for a DOJ investigation.

Tim_CA on September 13, 2012 at 1:29 PM

Not a problem. Our honest, tough, and fair AG Eric “my people” Holder will be all over this….

Well, OK, maybe not.

jwolf on September 13, 2012 at 1:29 PM

Romney will need a dozen of Attorney Generals to prosecute so many high-ranked criminals before they flee the country before they get jobs working at lobbying firms (FIFY).

Archivarix on September 13, 2012 at 1:27 PM

PappyD61 on September 13, 2012 at 1:29 PM

Don’t worry; I’m sure Obama “won’t rest ’til he brings her to justice,” too. What an effing joke…

Dopenstrange on September 13, 2012 at 1:29 PM

How much you wanna bet they throw her into the same cell Tim Geitner got tossed into when he got caught not paying taxes?

Lily on September 13, 2012 at 1:29 PM

Every time I see her and know of her role with Dr. Death and Obamatax, I have a moment where 60 yrs ago I would have favored ONE abortion…she is despicable…

hillsoftx on September 13, 2012 at 1:29 PM

Bombshell: The Egyptian embassy is not allowed to use live ammo.

Nice squirrel.

Exit question: Did Obama prohibit live ammo in the Libyan consulate?

faraway on September 13, 2012 at 1:30 PM

Feinstein and her husband are the other crooks. They made millions off ‘auditing’ Medicare, got caught, now her husband runs the same hoax, under a different name.

Media is intentionally asleep at the switch about it.

Schadenfreude on September 13, 2012 at 1:26 PM

And that is the small potato stuff about them, the HUNDREDS OF BILLIONS OF DOLLARS she funneled to his construction company are why both of them should be sharing a prison cell right next to Randy “Duke” Cunningham.

SWalker on September 13, 2012 at 1:31 PM

It wasn’t breaking the law,breaking the law.

docflash on September 13, 2012 at 1:34 PM

Kathleen was the most hurt when her pimp, Tiller the Baby Killer, was sent to hell.
Is there any way she can be water boarded for her transgression?

RovesChins on September 13, 2012 at 1:35 PM

Kathleen was the most hurt when her pimp, Tiller the Baby Killer, was sent to hell.
Is there any way she can be water boarded for her transgression?

RovesChins on September 13, 2012 at 1:35 PM

She is going to wish that someone had tied a millstone around her neck and thrown her into the ocean one day.

SWalker on September 13, 2012 at 1:37 PM

Laws are only for the proletariat – not the ruling class.

VietVet_Dave on September 13, 2012 at 1:38 PM

Soon Obama will open the Dept. of Truth.

Goebbels laughes his dead azz off.

Schadenfreude on September 13, 2012 at 1:38 PM

No problem, Obama will have a pardon party after he is retired due to ill health,IE the voters got sick if him.

birdwatcher on September 13, 2012 at 1:39 PM

No worries.

Laws are for the little people. And Republicans. But I repeat myself.

AZCoyote on September 13, 2012 at 1:40 PM

Oops: Sebelius broke the law campaigning for Obama at an official event

…so whose going to do anything about it?…DOJ?…the House?…the Senate?…the MSM?…I’m sure the media will go crazy!
…but…but didn’t Romney one time have an illegal alien cutting the lawn at one of his properties who sub-contracted from a contractor and should have known or something?

KOOLAID2 on September 13, 2012 at 1:41 PM

Impeach her!

ConservativePartyNow on September 13, 2012 at 1:41 PM

Smack on the wrist and Carry ON!!!

Scrumpy on September 13, 2012 at 1:43 PM

Oh yeah, nothing to see here at all. It’s a lot more fun finding the next Romney remark that we can sell as a a gaffe.

Drained Brain on September 13, 2012 at 1:43 PM

Oops: Sebelius broke the law campaigning for Obama at an official event

…so whose going to do anything about it?…DOJ?…the House?…the Senate?…the MSM?…I’m sure the media will go crazy!
…but…but didn’t Romney one time have an illegal alien cutting the lawn at one of his properties who sub-contracted from a contractor and should have known or something?

KOOLAID2 on September 13, 2012 at 1:41 PM

After the Obamanation Administration Merriam-Websters is going to have to come up with a whole new definition for “Corruption”

SWalker on September 13, 2012 at 1:45 PM

Off with her nuts!

Pork-Chop on September 13, 2012 at 1:45 PM

Comrade Sebelius should be charged with treason. She is an enemy of the United States.

Buttercup on September 13, 2012 at 1:46 PM

…the Senile Senator from Arizona will call a press conference and be on every network show being outraged about the violation!…outraged!…oh wait Feinstein wants to recant that bill!

KOOLAID2 on September 13, 2012 at 1:46 PM

Off with her nuts!

Pork-Chop on September 13, 2012 at 1:45 PM

…I think she gave them to JugEars…he was missing real ones.

KOOLAID2 on September 13, 2012 at 1:48 PM

Can’t find the article now, but I read yesterday that every single time this has happened in the past (that they have been found guilty) the person has been terminated. The article also mentioned that they could also suspend them for 30 days, or that the President could choose to do nothing.

Any bets on what will actually happen? I think we all know that she won’t be thrown out, not this close to the election, so it’ll obviously be 30 days, right?

strictnein on September 13, 2012 at 1:49 PM

This regime has no time for laws:
Campaign laws, immigration laws, the Constitution.

RovesChins on September 13, 2012 at 1:51 PM

….the Senile Senator from Arizona Koolaide2 wants to take off 7 weeks and shut the whole process down so I heard yesterday…

Scrumpy on September 13, 2012 at 1:52 PM

KOOLAID2 sorry…

Scrumpy on September 13, 2012 at 1:53 PM

From the Green Room:

As usual nothing will happen…

Typical response…crickets

But lawd help any Republican or Conservative, had they done this the book would have been thrown at them…

American politics has sunk to an all time low…

I am disgusted by the whole process…

Lying liars keep on lying and covering their collective a**es…

My God, is it ever time for things to change!

Scrumpy on September 13, 2012 at 1:19 PM

Scrumpy on September 13, 2012 at 1:54 PM

She’s above the law as are all the rest of Obama’s gaggle of political goons.

rplat on September 13, 2012 at 1:55 PM

…the Senile Senator from Arizona will call a press conference and be on every network show being outraged about the violation!…outraged!…oh wait Feinstein wants to recant that bill!

KOOLAID2 on September 13, 2012 at 1:46 PM

I wish someone would lock that one into a utility closet and throw away the key.
He is to blame for Obama and he goes after the one more now than during his campaign. Almost as hard as the senile senator goes after his own party. Almost.

RovesChins on September 13, 2012 at 1:55 PM

Just out of curiosity, what penalty would you impose impose on her for a one-time, appatently inadvertsnt minor violation of the Hatch Act — given that she already got stuck with a substantial “fine” when she had to pay for the trip out of pocket. Sounds like a letter in the file and stern talking to, to me.

Not to mention looking stupid for a day, in a wide variety of media. Complaints that this has gone under the radar are disingenuous, given that I first heard about this on NPR and have read about in the Post, the Times and the Journal.

So, auto da fe?

urban elitist on September 13, 2012 at 1:55 PM

That sweeping sound you hear is real, but you might have missed the rug lifting that preceded it.

Difficultas_Est_Imperium on September 13, 2012 at 1:55 PM

urban elitist on September 13, 2012 at 1:55 PM

One time? Are you sure about that? Fire her…

And what would YOU want done had it been a republican in her place eh?

Scrumpy on September 13, 2012 at 1:58 PM

Off with her nuts!

Pork-Chop on September 13, 2012 at 1:45 PM

…I think she gave them to JugEars…he was missing real ones.

KOOLAID2 on September 13, 2012 at 1:48 PM

Commander ValJar took them.

Buttercup on September 13, 2012 at 2:00 PM

So what? No consequences, and we all know it.

‘anarchy for thee’ is turning to ‘anarchy for me’; just look around.

Rule of law? WTF is that antiquated thing all about, anyway?

Midas on September 13, 2012 at 2:00 PM

I just wonder WHO in bho’s administration HASN’T broken the law? The biggest law breaker, bho himself! Now that would be a news alert!
L

letget on September 13, 2012 at 2:01 PM

O/T Hey kids, remember yesterday when the boy king said he doesn’t consider Egypt an ally?

Yeah, you knew it was coming, didn’t you?

White House clarifies Obama’s statement that Egypt is not an ‘ally’

Flora Duh on September 13, 2012 at 2:02 PM

Since when has the current administration worried about breaking the law?

GarandFan on September 13, 2012 at 2:04 PM

But only slightly so no big deal. I’m sure the IRS will be checking into the person(s) who blew the whistle on this shortly.

Kissmygrits on September 13, 2012 at 2:05 PM

Just out of curiosity, what penalty would you impose impose on her for a one-time, appatently inadvertsnt minor violation of the Hatch Act — given that she already got stuck with a substantial “fine” when she had to pay for the trip out of pocket. Sounds like a letter in the file and stern talking to, to me.

Not to mention looking stupid for a day, in a wide variety of media. Complaints that this has gone under the radar are disingenuous, given that I first heard about this on NPR and have read about in the Post, the Times and the Journal.

So, auto da fe?

urban elitist on September 13, 2012 at 1:55 PM

They must have had your tonsils removed so you could swallow more adequately. If this was a democrat, you would be parading around in a vaginasuit, demanding her head on a stick.

RovesChins on September 13, 2012 at 2:06 PM

urban elitist on September 13, 2012 at 1:55 PM

She only paid up because she got caught. How many times has she pulled this crap and not gotten caught. She’s a disgrace.

Dirty Harry’s campaigning for Barry on the Senate Floor.

Barry himself is using tax dollars to campaign and buy votes.

You’re a liberal. What the heck would you know or care about ethics.

Buttercup on September 13, 2012 at 2:08 PM

So, auto da fe?

urban elitist on September 13, 2012 at 1:55 PM

Translation:
Madea’s v@gina suit is getting a little tight.

RovesChins on September 13, 2012 at 2:10 PM

meh. Us even talking about this is a waste of time and makes us look petty to the moderates in the middle still clueless about our realities. Sarah Palin was sued over far less than this sort of slip up, but that doesn’t matter. The rules are different so we need to adapt. Like Bruce Lee said, “be like water.”

I’m tired of liberals and their hypocrisy. Let’s follow the president’s advice and “get in our neighbor’s faces.” We face drastic mathematically consequences and need to blow off this little crap for the time being.

TheLoudTalker on September 13, 2012 at 2:12 PM

Scrumpy: if you’ve got more than one incidence, run with it. Realistically, for a Republican, I’d milk it for whatever political benefit we could wring from it, hope for a little media coverage and, after the heartfelt apogy and promise to do better, try to focud the media on the next shiny object.

Dumb, illegal — but then, so is speeding — but not fire able.

urban elitist on September 13, 2012 at 2:13 PM

Dumb, illegal —

urban elitist on September 13, 2012 at 2:13 PM

You’re referring to King Hussein right?

Buttercup on September 13, 2012 at 2:15 PM

Scrumpy: if you’ve got more than one incidence, run with it. Realistically, for a Republican, I’d milk it for whatever political benefit we could wring from it, hope for a little media coverage and, after the heartfelt apogy and promise to do better, try to focud the media on the next shiny object.

Dumb, illegal — but then, so is speeding — but not fire able.

urban elitist on September 13, 2012 at 2:13 PM

What is fire able? Is that smart power?
I’m betting that v@gina suit is starting to stink, Medea.

RovesChins on September 13, 2012 at 2:20 PM

No. No. No. It’s only a law that applies to Republicans.

Sheesh Erika… you need to come up to speed on that already. /sarc

oldroy on September 13, 2012 at 2:21 PM

urban elitist on September 13, 2012 at 1:55 PM

The traditional penalty has been termination, but those were presidents with ethics. VJ’s pool boy will prolly put her down for a raise.

antipc on September 13, 2012 at 2:21 PM

White House clarifies Obama’s statement that Egypt is not an ‘ally’

Flora Duh on September 13, 2012 at 2:02 PM

Per your link:
Administration sources told The Cable that Obama’s “ally” comment was not pre-arranged or prepared by staff and that the question was not anticipated

Whoever is responsible for asking that difficult question will be sacked. Barry can’t be expected to go off script or he’s bound to say something extremely stupid and ignorant. More clarifying statements to follow.

Buttercup on September 13, 2012 at 2:23 PM

… but … but it’s Health and Human Services Secretary Kathleen Syphilis.

How else will Sandra Fluke get her contraceptives ?

J_Crater on September 13, 2012 at 2:24 PM

Citing a “a systematic misuse of federal resources,” the report also points to Bush administration cabinet members who traveled to White House-targeted Congressional districts in what was called the “final push.” The inquiry found that although many of the trips were primarily political, they had been designated as official business, and the expenses were paid by the government.

The long-awaited report was released just a few days after the Obama White House announced that it plans to shutter its administration’s Office of Political Affairs and move some of the staffers there to the payrolls of the Democratic National Committee and a still-to-be-formed presidential re-election committee in Chicago.

J_Crater on September 13, 2012 at 2:27 PM

Sebelius broke the law

Fools! Laws are for knuckle-draggers, flat-earthers, and bitter clingers.

LetsBfrank on September 13, 2012 at 2:31 PM

antipc: I don’t recall any cabinet officials being terminated for something as trivial as this, do you? Legally, the only penalty is removal, but the board has to consider whether it’s a repeat violation, previous service, the gravity of the offense, etc before deciding if that penalty is warranted. Small parts of one speech? I think not.

urban elitist on September 13, 2012 at 2:35 PM

Sebelius broke the law and no one in the government cares. Why should they? We have an administration of law-breakers, what’s one more?

She is one of the most dangerous people alive. Her unchecked genocide of the elderly obviously won’t affect her, gray hair notwithstanding. Nope. She’s one of the privileged who will get the best of the best in medical care, all the while watching the regular people be terminated.

totherightofthem on September 13, 2012 at 2:36 PM

Dumb, illegal — but then, so is speeding — but not fire able.

urban elitist on September 13, 2012 at 2:13 PM

Yes it is a firable offense;

Removal from position
or if
Merit System Protection Board deems not removable then it becomes a 30 suspension without pay.

Google is your friend

D-fusit on September 13, 2012 at 2:42 PM

antipc: I don’t recall any cabinet officials being terminated for something as trivial as this, do you? Legally, the only penalty is removal, but the board has to consider whether it’s a repeat violation, previous service, the gravity of the offense, etc before deciding if that penalty is warranted. Small parts of one speech? I think not.

urban elitist on September 13, 2012 at 2:35 PM

Egypt, not an ally, nor an enemy!
Yes, this is a distraction. Not seeing you on those threads defending the regime, Medea.

RovesChins on September 13, 2012 at 2:42 PM

These marxist-freaks are so ravenous for power they knowingly commit illegal acts to further their cause. After all to marxists the ends justifies the means.

yhxqqsn on September 13, 2012 at 2:45 PM

Just out of curiosity, what penalty would you impose impose on her for a one-time, appatently inadvertsnt minor violation of the Hatch Act — given that she already got stuck with a substantial “fine” when she had to pay for the trip out of pocket. Sounds like a letter in the file and stern talking to, to me.

urban elitist on September 13, 2012 at 1:55 PM

As others have pointed out, people who have done this is the past have been fired.

As far as the trip “out of pocket”, you really don’t think she used her own personal funds to reimburse the government, do you? Since it was a campaign speech, she was most likely reimbursed through the Committee to Re-elect the Communist.

AZfederalist on September 13, 2012 at 2:51 PM

D-fusit: Google is my friend. That’s how I knew that firing was a possibility but not mandatory. My point was that this single violation did not rise to the level at which firing would be an appropriate decision

RovesChins: alas, I am killing time on my iPhone and any argument more detailed and passionate than this one is too much of a pain to type out. If there’s still a thread defending Romney’s pathetic, ill-timed and factually incorrect attempt to compensate for his lack of foreign policy chops with still more empty bluster, when I get back to my computer, I’ll be sure to weigh in at length.

urban elitist on September 13, 2012 at 2:52 PM

D-fusit: Google is my friend. That’s how I knew that firing was a possibility but not mandatory. My point was that this single violation did not rise to the level at which firing would be an appropriate decision

RovesChins: alas, I am killing time on my iPhone and any argument more detailed and passionate than this one is too much of a pain to type out. If there’s still a thread defending Romney’s pathetic, ill-timed and factually incorrect attempt to compensate for his lack of foreign policy chops with still more empty bluster, when I get back to my computer, I’ll be sure to weigh in at length.

urban elitist on September 13, 2012 at 2:52 PM

Translation: I’m still hanging onto yesterday’s narrative because today’s proves Romney right and Obama is derelict.

RovesChins on September 13, 2012 at 2:59 PM

urban elitist on September 13, 2012 at 2:35 PM

Being a presidential appointee rather than a federal employee Sebelius is not subject to the Special Council. Pool boy has to fire her.

antipc on September 13, 2012 at 3:11 PM

She should have applied for a media credential from the MSM.

That way she can campaign for Obama all she wants.

PackerBronco on September 13, 2012 at 3:24 PM

Smart power – “I’ve got the power and I will use it any way I want.”

johnnybgood on September 13, 2012 at 3:25 PM

>.<

In space, no one can hear you scream…

bigbeachbird on September 13, 2012 at 3:27 PM

I can’t find anything that differentiates appointed Federal Employees from others. Why would an appointment make someone NOT subject to the law, seeing as they would be most likely to be in violation given the nature of them getting the job by political appointment?

http://hatchact.uslegal.com/penalties/

Removal is the only penalty authorized for violation of the Hatch Act, under 5 U.S.C.S. § 1505. The Merit System Protection Board (MSPB) has plenary jurisdiction under § 1505 to determine after a hearing whether the violation warrants the removal of the officer or employee from his office or employment. The Board considers whether removal is appropriate on the basis of seriousness of the violation. The Board takes into account all relevant mitigating and aggravating factors, including: (1) the nature of the offense and the extent of the employee’s participation; (2) the employee’s motive and intent; (3) whether the employee received the advice of counsel regarding the activities at issue; (4) whether the employee ceased the activities at issue; (5) the employee’s past employment record; and (6) the political coloring of the employee’s activities. The decision as to whether removal is warranted is a matter of administrative discretion. Thus, a reviewing court will not reverse the Board’s decision unless it concludes that the decision constituted an abuse of discretion or was not in accordance with the law or was unsupported by substantial evidence or was obtained without procedures required by law, rule or regulation. The penalty provision in the Hatch Political Activity Act, 5 U.S.C.S. § 1506(a), clearly gives the employer the choice of removing the employee in question “from his office or employment,” or forfeiting federal funds equal to two years’ pay at the rate or amount the employee was receiving at the time of the violation. Further, for 18 months after his removal from employment, federal funds also will be forfeited if the employee is appointed to an office or employment with a state or local agency within the same state. With respect to federal employees, 5 U.S.C.S. § 7326 provides that an individual who violates the Hatch Act, shall be removed from his position, and the funds appropriated for the position from which removed may not thereafter be used to pay the employee or individual. However, if the board finds by unanimous vote that the violation does not warrant removal, a penalty of no fewer than 30 days’ suspension without pay shall be imposed by direction of the board. Since, removal is the only penalty which may be imposed on a state employee in violation of the Hatch Act and if the Merit Systems Protection Board determines that removal of a state employee is not warranted, it may not impose any penalty. Moreover, a state agency need not remove a violator unless it wishes to avoid the loss of federal funding. In contrast, 5 U.S.C.S. § 7326 requires the board to impose a penalty on federal employees, consisting of not less than 30 days’ suspension without pay, even where the board determines that the violation does not warrant removal. In other words, although a state employee may avoid a penalty for violating the Hatch Act, a federal employee cannot avoid being penalized

weaselyone on September 13, 2012 at 3:33 PM

weaselyone on September 13, 2012 at 3:33 PM

I’ll see if I can find the article I read yesterday and post a link.

Basically it said that all federal employees appointed or otherwise are subject to Hatch Act. However, Presidential appointees were not subject to review by the Special Council.

antipc on September 13, 2012 at 3:51 PM

weaselyone on September 13, 2012 at 3:33 PM

My bad, she is subject to review by the Special Counsel, she is not entitled to a review from the Merit Systems Protection Board.

Link

antipc on September 13, 2012 at 4:01 PM

Sebelius broke the law campaigning for Obama at an official event

Sebelius: What is this…..law thing….you speak of?

xblade on September 13, 2012 at 4:40 PM

Oops: Sebelius broke the law campaigning for Obama at an official event

They’re ripping off trillions from the American people. Of course such a minor thing as this will go unpunished.

Dr. ZhivBlago on September 13, 2012 at 4:50 PM

Sebelius: What is this…..law thing….you speak of?

You know, the law that all the “little” people, including members of the GOP, must strictly obey, not so much those in this admin, nor most dems for that matter.

Sebelius: “Oh c’mon, we enact, enforce and personally ignore all laws. You know those laws aren’t for us to comply with, they arefor only for all the “little” people.”

hawkeye54 on September 13, 2012 at 4:51 PM

They’re ripping off trillions from the American people. Of course such a minor thing as this will go unpunished.

Yeah, its no big fluking deal.

hawkeye54 on September 13, 2012 at 4:53 PM

She’s a democrat, she needs a pass, she needs a Do Over!

Fleuries on September 13, 2012 at 5:06 PM

urban elitist on September 13, 2012 PM

ALWAYS

CW on September 13, 2012 at 6:20 PM

urban elitist on September 13, 2012

Always prepared to carry the water you are. How embarrassing.

CW on September 13, 2012 at 6:21 PM

Kathleen Sebelius = JAIL, next to HOLDER.

TX-96 on September 13, 2012 at 6:28 PM

The law prohibits most federal employees from “engaging in political activity while on duty,”

Are there exceptions to this rule, like say Obama who makes all his official trips a political venue, or is this just a trick question on the BAR examination?

timberline on September 13, 2012 at 7:22 PM

She should be fined, and required to drive her arm, elbow high, into a uterus, to remove an unborn baby.

Let her worship her deity of death.

OhEssYouCowboys on September 13, 2012 at 1:28 PM

Yes. That woman’s soul has to be black as coal.

cptacek on September 13, 2012 at 11:07 PM