Navy Secretary Carlos Del Toro broke Hatch Act in UK trip, report finds

Navy Secretary Carlos Del Toro broke the law by publicly endorsing the reelection of President Joe Biden and criticizing former President Donald Trump in several statements he made while on official duty overseas, the U.S. Office of Special Counsel said Thursday.

In a report to the White House, the watchdog agency said Del Toro's comments about the presidential election came in a BBC interview and when he was responding to questions after a speech in London. While he later reported the remarks, his unwillingness to take responsibility for them is troubling, the special counsel said.

The agency said Del Toro’s comments, which were made before Biden dropped out of the presidential race, violate the Hatch Act, which prohibits U.S. officials from engaging in political activity while they are on duty and from “using their official authority or influence to interfere with or affect the result of an election.”

“The United States and the world need the mature leadership of President Biden," Del Toro said in response to a question after giving a speech at the Royal United Services Institute in late January. He added, “We cannot afford to have a president who aligns himself with autocratic dictators and rulers whose interpretation of democratic principles is suspicious (at) best.”

Later, during an interview on “BBC News Sunday,” Del Toro was asked about his comments on Trump's democratic principles. Del Toro responded that in the past, Republican and Democratic presidents abided by core American values and protected democracy.

“When you have someone who doesn’t align to those core principles, it makes you wonder, you know, should you be supporting that individual?” he said.

Del Toro was asked, “You said he had a suspicious attitude to democracy?” And the Navy secretary responded, “Absolutely so.”

Several days later, Del Toro self-reported the blunder to the special counsel, saying his intention was to focus on the importance of strong international alliances. But, he added, “In retrospect, I believe my response should have been delivered more broadly without reference to specific candidates.”

In a separate written response to the watchdog's findings, the secretary's lawyer, Michael Bromwich, said Del Toro's remarks were “spontaneous and unpremeditated” and did not constitute a violation of the Hatch Act. Bromwich said Del Toro was responding to questions and did not directly speak Trump's name.

Special counsel Hampton Dellinger said in his report that Del Toro “crossed a legal line.” And he said the secretary's "unwillingness to acknowledge a mistake is striking” and troubling.

Asked about the violation, Pentagon spokeswoman Sabrina Singh said at a briefing that the department is reviewing the report. She added that “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.”

Navy Capt. Clay Doss said in a statement that the service got a copy of the report Thursday and “this matter will be addressed through the appropriate process.”

Dellinger said he appreciates that Del Toro reported the comments, “but this fact alone should not absolve him.” Del Toro has also issued his own directive for his Navy force, Dellinger said, noting that "it is more important than ever for us to remember that the DON (Department of the Navy) is an apolitical body. …. Public trust and confidence depend on this.”

The findings come after two Democratic members of Congress sent a letter to the Pentagon’s top two leaders in August, pressing them to ensure the military is not swept up in politics during the presidential election.

Career government officials found to have violated the Hatch Act can be fired, suspended or demoted and fined up to $1,000, though few penalties are ever levied against federal employees.

The White House did not immediately respond to requests for a comment.