Health and Human Services Secretary Kathleen Sebelius violated federal law by
using her Cabinet position to campaign for President Obama, federal
investigators said Wednesday.
The Office of Special Counsel (OSC) said Sebelius broke federal law by saying
in a February speech that it is “imperative” to reelect President Obama. She
also used the speech, delivered at a Human Rights Campaign event in Charlotte,
N.C., to plug local Democrats.
The OSC said Sebelius violated the Hatch Act, which prohibits federal employees
from campaigning while acting in an official capacity.
Republicans criticized Sebelius in the wake of the OSC report, but stopped
short of calling on her to step down.
“That the secretary violated federal law in this manner is disturbing, but
hardly a surprise,” a spokeswoman for Sen. Orrin Hatch (R-Utah) said. “Since
almost day one, this administration has had a singular focus on politicking —
not governing — that’s borne out by the secretary ignoring a strict prohibition
on electioneering while working for federal taxpayers.”
Rep. Darrell Issa (R-Calif.), who asked the OSC to investigate Sebelius’s
comments at the rally, said he would wait to see how Obama handles the
issue.
The White House defended the secretary, noting that she admitted her comments
were “a mistake.”
Sebelius did concede that she made a mistake, but also said the OSC should
not have found her in violation of the Hatch Act.
The OSC was investigating comments Sebelius made in February, when she
strayed from her prepared remarks to praise Obama and other Democrats.
“One of the imperatives is to make sure that we not only come together here
in Charlotte to present the nomination to the president, but we make sure that
in November, he continues to be president for another four years,” she said,
according to the OSC report.
She also ventured into state politics, urging the defeat of an
anti-gay-marriage ballot proposal and saying it’s “hugely important to make sure
that we reelect the president and elect a Democratic governor here in North
Carolina,” the OSC report says.
She also ventured into state politics, urging the defeat of an
anti-gay-marriage ballot proposal and saying it’s “hugely important to make sure
that we reelect the president and elect a Democratic governor here in North
Carolina,” the OSC report says.
Public officials are allowed to make political statements on their own time,
but the OSC determined that Sebelius was appearing at the event in her capacity
as HHS secretary.
The investigative office said HHS reclassified the trip from “official” to
“political” after Sebelius made the comments.
The Democratic National Committee also reimbursed the government for the cost
of the trip, according to the OSC.
That should have been enough to avoid a Hatch Act violation, Sebelius said in
her response to the investigation. Sebelius said “it seems somewhat unfair” to
conclude that she was using her official title for political purposes, and noted
that she voluntarily sought to reimburse the federal government for the trip
after going “off script.”
“If there was a violation of the Hatch Act based on the use of my title, I
believe the violation was technical and minor,” Sebelius told the OSC. “These
are not the types of violations that the Hatch Act is intended to address.”
She noted that the OSC did not recommend that Obama take any specific action
to punish her, and said, “I don’t believe that any action would be
appropriate.”
The White House defended Sebelius and the administration’s ethical
standards.
“This error was immediately acknowledged by the secretary, promptly
corrected, and no taxpayer dollars were misused,” White House spokesman Eric
Schultz said. “This administration holds itself to the highest ethical
standards, which is why President Obama has installed the toughest ethics rules
of any administration in history — beginning on his first day in office, when he
signed an executive order instituting unprecedented reforms.”