How come the Hatch Act doesn't apply to Karl Rove?

[DoYouEverWonder]

He is a federal employee and his office is located in the White House. Since he is Bush's main political consultant and strategist, doesn't making his job a federally funded position, put him in violation of this act? Not to mention the fact that he uses his position to use official authority and influence to interfere with elections, such has calling all the networks on election night to tell them who to call certain states for Bush? Doesn't Rove engage in political activity while on duty and from a government office? Did W issue some sort of executive order to exclude Rove or is it just that no one has the balls to raise the issue?


Hatch Act for Federal Employees

The Hatch Act restricts the political activity of executive branch employees of the federal government, District of Columbia government and some state and local employees who work in connection with federally funded programs. In 1993, Congress passed legislation that significantly amended the Hatch Act as it applies to federal and D.C. employees (5 U.S.C. §§ 7321-7326). (These amendments did not change the provisions that apply to state and local employees. 5 U.S.C. §§ 1501- 1508.) Under the amendments most federal and D.C. employees are now permitted to take an active part in political management and political campaigns. A small group of federal employees are subject to greater restrictions and continue to be prohibited from engaging in partisan political management and partisan political campaigns.


Permitted/Prohibited Activities for Employees Who May Participate in Partisan Political Activity

These federal and D.C. employees may-

* be candidates for public office in nonpartisan elections
* register and vote as they choose
* assist in voter registration drives
* express opinions about candidates and issues
* contribute money to political organizations
* attend political fund raising functions
* attend and be active at political rallies and meetings
* join and be an active member of a political party or club
* sign nominating petitions
* campaign for or against referendum questions, constitutional amendments, municipal ordinances
* campaign for or against candidates in partisan elections
* make campaign speeches for candidates in partisan elections
* distribute campaign literature in partisan elections
* hold office in political clubs or parties

These 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
* engage in political activity while:
* on duty
* in a government office
* wearing an official uniform
* using a government vehicle
* wear partisan political buttons on duty


http://www.osc.gov/ha_fed.htm

[havocmom]

1. Hatch Act should also prevent Armed Forces Radio from broadcasting

Rush too. Like so many other laws, it must just apply to everybody except the GOP and their operatives.

Rove should probably be tried for treason too. And Novak should be facing a firing squad.

[Straight Shooter]

2. I have been wondering the same thing, especially after Rove's comment

about his computer banks and telephones.

But lest you forget, Rove is the clothing the emperor wears, tawdry as it is.

[NVMojo]

4. and he is also very clever and would worm his way out of anything

[TreasonousBastard]

3. The law does not apply...

to anyone in the administration. They are not so much above the law as they ARE the law.

(Didn't Gore get slammed for a couple of phone calls from his office way back when?)

[DoYouEverWonder]

7. Do you have a source

for that info? I haven't been able to find anything that would indicate that they are excluded. As a matter of fact, it seems there has been some controversy regarding Cabinet members campaigning for the President and WH staffers posting Bush and Cheney's 'political' speeches on the WH website.

In regards to the fund raising calls that Gore made, it was some obscure law from the 1800's that the Repugs were accusing him of violating. Of course, that was such a grievous act that they were demanding Reno appoint an independent council to investigate. Maybe we can find some other obscure old law that Rove has violated if we can't use the Hatch Act?

[TreasonousBastard]

10. It was sarcasm.

[Wilms]

25. No. It's true. Gore got shit for making some $-raising calls from the WH.

You're not supposed to campaign from the WH.

But Rove wasn't campaigning...he was doing something else. Is there a law that says you can't rig the election from the WH?

[Patsy Stone]

22. Ooh, and don't forget the scandalous

TRAVELGATE!

Oy vey.

[merh]

28. Or, those scandolous visits to the Lincoln bedroom!!!!!!!!!!

:wow: Remember that media uproar, Clinton renting out the Lincoln bedroom to campaign supporters and Commies like Barbra Streisand! :silly:

[bunny planet]

30. God how I miss the blue dress. Those were the days my friend.

[IStriker]

5. Rove is a federal employee?

[DoYouEverWonder]

8. Yes, he is Bush's Senior Domestic Policy Advisor

and is a member of the WH staff.

[IStriker]

13. He is employed by the federal gov't, not Bush?

[DoYouEverWonder]

14. That makes him a federal employee

Our taxes pay his salary. That is why there are rules against federal employees participating in a campaign while on government time or property. It is an unfair and an illegal contribution to a political campaign.

[ashmanonar]

16. then what does that make Blackwell?

both secstate and campaign manager for bush's campaign? what does that say about the GOP's so-called "adherence" to federal laws?

[DoYouEverWonder]

19. It's okay for Blackwell

to participate in the Bush/Cheney campaign as long as he did not do it on company time and/or did it on government property, ie from his office. Plus Blackwell was elected so he is not subject to the Hatch Act.

However, Blackwell has already violated election laws in a number of ways.

[IStriker]

21. It's also OK for Gov. Rendell of Pa to run Kerry's campaign...

and draw a salary as governor of PA from the taxpayers and run the election in PA directing state employees as to how to carry out election laws (same as Blackwell did.) He's not subject to the Hatch Act either.

I don't understand how Rove can have been a federal employee and *'s campaign manager at the same time. Is anyone certain he didn't resign his position to run the campaign?

[tritsofme]

31. I don't believe Rove was ever a formal part of the campaign

team.

IIRC, the campaign manager of BC04 was Mark Racicot.

[bemis12]

6. Is his office in the White House

proper, or is it in the residential area?

[DoYouEverWonder]

9. I believe his office is in the West Wing

n/t

[StClone]

11. Kick

Kick

[Patsy Stone]

12. Is this a rhetorical question?

Turd Blossom... There is a special circle of Hell just for you.

[DoYouEverWonder]

15. No, I'm serious

I can't see why we couldn't file a lawsuit or press for criminal charges against Rove based on the restrictions imposed upon Federal employees under the Hatch Act.

[Patsy Stone]

17. That was sarcasm, and you're right...

http://news.bbc.co.uk/1/hi/world/americas/3987237.stm

Here's a few lines I can't help but post whenever I get the chance. I think it's already twice today already, and I've only been awake for a few hours. :)

Pressure and pranks

By the time election night came around, Mr Rove was in the White House, where, unusually for a political adviser, he has an office.

He set up computers in the Old Family Dining Room and started tabulating results. He had set up a massive network of contacts, not just in state capitals, but individual districts and precincts to monitor turnout and support.

Early exit polls quoted by media seemed to give Mr Kerry the edge, but colleagues said Mr Rove indicated right away that they did not tally with his information.

He used his own data to put Ohio and Florida in the Bush column - bringing cheers from the president and his family when he went into the Roosevelt Room and told them.

And when the TV networks gave either Ohio or Nevada to Mr Bush but not both - which would have led him to be declared as the winner - Mr Rove was one of the president's aides who got on the phone to news chiefs to try to pressure them to change their minds.

[Last Lemming]

18. Pick me, pick me

Of all these guys, included the satanic Cheney, Rove is the one I want to see in jail
If any one wants to form a group to persue legal action against him, I will be the first to join

[merh]

20. Ask DU resident attorneys.

They are all over the threads about Arnebeck, slamming him for a lousy job and suckering us (okay, some, not all are doing that). Ask them about this, they are quick to opine about other issues. Here is a thread full of 'em!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x207901

[Nothing Without Hope]

23. An EXCELLENT question. Has anyone ever tried to enforce

this law as it pertains to Mr. Rove?

This needs some serious attention from legal experts and investigative journalists.

[Nothing Without Hope]

24. Someone should ask John Dean about it

He has written a number of articles for the commentary section of the legal web site FindLaw:
http://writ.news.findlaw.com/dean

He is an expert on constitutional law and the other laws that direct the functioning of the branches of the federal government. I would value his opnion on this question of how the Hatch act applies to Rove, but I don't know his email or snail mail address. Perhaps one of you does and could ask his opinion.

[genieroze]

26. Laws only apply to democrats, not republicans, MSM says so. eom

[troubleinwinter]

27. Here is a letter from Conyers to Special Council to investigate

Condi Rice for violations of the Hatch Act, and asking her removal from her post, dated 10/20/2004.

http://www.house.gov/judiciary_democrats/ricehatchactscltr102004.pdf

He also wrote to Rove asking for his resignation in relation to the Plame issue, 10/7/2003

http://www.house.gov/judiciary_democrats/roveresignltr10703.pdf

So CONYERS is the guy to ask about Rove & the Hatch Act!

[DoYouEverWonder]

29. I didn't know Conyers went after Condi for violating the Hatch Act!

Thanks for the info.



The Honorable Scott J. Bloch
Special Counsel
U.S. Office of Special Counsel
1730 M Street, NW, Suite 300
Washington, DC 20036-4505

Dear Mr. Bloch:

I am writing to ask that the Office of Special Counsel investigate whether Dr. Condoleezza Rice, the President's National Security Advisor, is violating the Hatch Act by delivering campaign speeches in battleground states. I am sure you would agree that any political activity on the part of the National Security Advisor would undermine the trust bestowed on such a non-partisan post.

Under governing law, no employee of the National Security Council 'may take an active part in political management or political campaigns." Your Office's own materials interpret this to mean that members of the National Security Council 'may not campaign for or against a candidate or slate of candidates in partisan election' and 'may not make campaign speeches or engage in other campaign activities to elect partisan candidates.' While there is an exception to this prohibition for employees confirmed by the Senate, Dr. Rice is not such an employee and therefore is barred from this type of political activity As such, she could be subject to removal from her post.

[Melissa G]

33. Kick Rove and Condi out of the White House!

[DoYouEverWonder]

34. Condi's leaving the WH

she taking over the State Dept which is probably worse.

[McCamy Taylor]

32. It's time to ask, Is Karl Rove Bipolar?

I mean if you look back at his political career, he seems to be blissfully unconcerned about the consequences of his actions and to have a rather inflated notion of himself. That plus his family history makes me wonder. Not giving away the life savings to strangers bipolar, functioning pretty well most of the time bipolar.

http://archive.salon.com/politics/feature/2000/09/26/tricks/index.html