Navy Secretary Carlos Del Toro faces allegations of breaching federal law by endorsing President Biden and denouncing former President Trump while on official duty.
At a Glance
- Navy Secretary Carlos Del Toro violated the Hatch Act by making political comments supporting President Biden and criticizing former President Trump while on duty.
- The U.S. Office of Special Counsel determined Del Toro’s comments were political activity and violated the Hatch Act.
- Del Toro made the comments during a January 25, 2024, speech at the Royal United Services Institute in London and in a subsequent BBC interview.
- The Hatch Act of 1939 prohibits federal employees from engaging in political activity while acting in an official capacity and from using their authority to influence election results.
- Special Counsel Hampton Dellinger stated that Del Toro’s actions crossed a legal line and violated the Hatch Act.
Del Toro’s Comments and the Hatch Act
Navy Secretary Carlos Del Toro violated the Hatch Act by endorsing President Biden and criticizing former President Donald Trump while on an official duty overseas. According to the U.S. Office of Special Counsel (OSC), Del Toro’s remarks during a January 25, 2024, speech at the Royal United Services Institute in London were deemed political activity, breaching the 1939 federal law that prohibits such behavior.
During his speech, Del Toro praised Biden’s leadership and criticized Trump for his alignment with autocratic leaders. Del Toro self-reported his remarks to the OSC but did not fully acknowledge responsibility, which the special counsel found troubling. His lawyer, Michael Bromwich, argued that the comments were spontaneous and not a violation of the Hatch Act.
Special Counsel’s Findings
Special Counsel Hampton Dellinger stated that Del Toro’s actions clearly violated the Hatch Act. The report highlighted, “When speaking in his official capacity on a taxpayer-funded trip, Secretary Del Toro encouraged electoral support for one candidate over another in the upcoming presidential election. By doing so, he crossed a legal line and violated the Hatch Act.”
According to Dellinger, despite Del Toro’s self-reporting, his unwillingness to acknowledge a mistake is markedly striking. The Defense Department is reviewing the report on Del Toro, while Deputy Defense Secretary Kathleen Hicks emphasized the importance of remaining apolitical in a memo.
Implications and Responses
The findings by the OSC hold significant implications for civil penalties, though such sanctions are rarely enforced. The Hatch Act is not a criminal law but can result in firings, suspensions, demotions, or fines. Del Toro acknowledged that military work and partisan politics should not be mixed in a subsequent explanation. The OSC sent a report about Del Toro’s violation to President Biden.
“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. “We cannot afford to have a president who aligns himself with autocratic dictators and rulers whose interpretation of democratic principles is suspicious at best.”
Deputy Pentagon Press Secretary Sabrina Singh has emphasized compliance with federal law but did not comment specifically on the findings, stating that it is under review at the Defense Department.
Maintaining Military Neutrality
Maintaining the armed forces’ neutrality is crucial for ensuring no political bias undermines military authority and public trust. Del Toro’s actions have sparked a broader conversation about the importance of military officials adhering to non-partisan conduct. Special Counsel Hampton Dellinger found Del Toro’s defense irrelevant and emphasized the importance of taking responsibility for the violation. Defense Secretary Lloyd Austin has consistently stressed keeping the military apolitical since the start of the Biden administration.
“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. The United States and the world need the mature leadership of President Biden.”
The Navy and the White House have yet to respond immediately to requests for comment on the findings. Defense Secretary Lloyd Austin has emphasized the importance of keeping the military apolitical, reiterating that public trust and confidence rely on this standard. Del Toro has since issued a directive emphasizing the Navy’s apolitical stance.
