O'Rielly Violated Hatch Act by Calling for Trump's Re-Election, Office of Special Counsel Says
FCC Commissioner Mike O'Rielly “violated the Hatch Act” at the American Conservative Union's February Conservative Political Action Conference when he called for the re-election of President Donald Trump, said the U.S. Office of Special Counsel Tuesday. The Project on Government…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Oversight and American Oversight urged the OSC to investigate (see 1802270035). O'Rielly said during his appearance he was only trying to answer a question about how to prevent further “regulatory ping-ponging.” But “regardless of his explanation,” O'Rielly “advocated for the re-election of President Trump in his official capacity as FCC Commissioner,” OSC Deputy Chief-Hatch Act Unit Erica Hamrick said in a letter to POGO Executive Director Danielle Brian that the group released: O'Rielly "violated the Hatch Act’s prohibition against using his official authority or influence to affect an election. Although OSC has decided to issue a warning letter in this instance, OSC has advised Commissioner O’Rielly that if in the future he engages in prohibited political activity while employed in a position covered by the Hatch Act, we will consider such activity to be a willful and knowing violation of the law, which could result in further action” by OSC. “I appreciate that OSC recognized that the statement in question was part of an off-the-cuff, unrehearsed response to an impromptu question, and that they found this resolution to be the appropriate consequence,” O'Rielly said. “While I am disappointed and disagree that my offhand remark was determined to be a violation, I take their warning letter seriously.” FCC General Counsel Thomas Johnson contended in a letter last month to top House Commerce Committee Democrats that the appearances of O'Rielly, FCC Chairman Ajit Pai and Commissioner Brendan Carr at CPAC didn't violate ethics rules (see 1803260040 and 1804230023).