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Democrats level Hatch Act concerns over Pompeo, Wolf speeches, White House setting for convention

White House officials say the ceremony was publicly available content that the campaign decided to use and that no law was broken

Published: August 26, 2020 8:07am

Updated: August 26, 2020 10:18am

House Democrats are raising concerns about possible Hatch Act violations during Tuesday night's Republican National Convention, focusing on President Trump participating in a U.S. naturalization ceremony at the White House and speeches by Secretary of State Mike Pompeo.

The Hatch Act prohibits employees of the executive branch from participating in politics in their official capacity. While the president and vice president are exempt from the main tenets of the Hatch Act, they remain subject to limitations of the federal law's criminal provisions, which include coercing a federal employee to participate in a political activity in support of a candidate, and working to influence the nomination or election of any presidential or vice-presidential candidate. 

A White House official told The Washington Post that the naturalization ceremony for five people becoming a U.S citizen is part of the president's official schedule and the video was made available on a public website.

Wolf also participated in the pre-taped ceremony, raising concerns.

"There was no violation of law," said the official.

White House spokesman Judd Deere said earlier on Tuesday, “RNC Convention events will be planned and executed, at whatever the venue, by the Trump Campaign and RNC. Any government employees who may participate will do so in compliance with the Hatch Act.”

Before even delivering his RNC address Mike Pompeo was drawing the ire of House Democrats with Hatch Act complaints.

Texas Democratic Rep. Joaquin Castro, chairman of a House Foreign Affairs subcommittee, said Tuesday that he is launching an investigation into Pompeo's speech. 

The State Department  says Pompeo, who delivered his remarks from Jerusalem, addressed the convention in his personal capacity. The secretary is also being criticized for doing so while on an official State Department trip to the Middle East. 

Castro argues Pompeo has violating State Department rules that prohibit employees from engaging in politically partisan activities abroad pertaining to U.S. elections.

“It’s absolutely unacceptable that a sitting U.S. Secretary of State, America’s top diplomat, would use official taxpayer-funded business to participate in a political party convention," he wrote in a letter to Deputy Secretary of State Stephen Biegun. 

The State Department has confirmed that no department resources were used for the preparing or delivering of Pompeo's convention address. 

Also on Tuesday night, first lady Melania Trump delivered her convention speech from the newly renovated Rose Garden. On Thursday, the president will give his convention address from the White House's South Lawn, a decision that raised Hatch Act speculation earlier this month.

In mid-August, the Office of Special Counsel told inquiring House Democrats that the president was within his rights to deliver his RNC speech from the South Lawn, but that the involvement of White House employees in planning and prepping for the event may be a Hatch Act violation.

White House employees are prohibited from leveraging their authority to request that anyone on their staffs work on a political event. Additionally, all White House employees in attendance at President Trump's Thursday night address must be off duty. 

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