RNC 2020: Was Mike Pompeo's speech illegal? Probed launched into possible Hatch Act violations
It was just a month ago that Secretary of State Mike Pompeo asked his department’s employees to avoid engaging the department in the political process, a cable obtained by the CNN said. But his U-turn when it came to addressing the ongoing Republican National Convention (RNC) from Jerusalem on August 25 has sparked a controversy with a House Democrat even opening a probe into Pompeo’s decision.
The former CIA chief’s pre-taped remarks breach the past precedent of secretaries of state not addressing political conventions and the long-standing protocol of avoiding discussion of domestic politics while being overseas. Pompeo’s decision has drawn ire of the diplomatic community.
Joaquin Castro, a representative from Texas and chairman of the House Foreign Affairs Oversight and Investigations Subcommittee, said in a statement that the "American people deserve a full investigation". This step is likely to worsen an already sour relation between Pompeo and leading Democrats. Even the tensions within the state department could worsen as many employees were disappointed with Pompeo’s decision to take part in the convention which formally picked incumbent President Donald Trump as the Republican candidate for the November 3 election on the very first day, August 24.
Pompeo acted in personal capacity, say his aides
Pompeo’s aides, however, defended the secretary of state, saying he acted in his personal capacity while taking part in the convention and did not use any government resources. They also reportedly said that government attorneys signed off on his comments but didn’t share any legal analysis to back it, according to Politico. The Democrats were not convinced and said it was not possible to separate Pompeo’s appearance from his job profile. They also objected to the fact that the Republican recorded his remarks while on an official trip to Israel, suggesting that he used government resources to reach there.
Joaquin, who is the twin brother of former presidential candidate Julian Castro, wrote a letter to Deputy Secretary of State Stephen Biegun on August 25 saying: "It is highly unusual, and likely unprecedented, for a sitting Secretary of State to speak at a partisan convention for either of the political parties. It appears that it may also be illegal."
He also cited the Hatch Act and the department’s guideline, including a memo from the State Department's Office of the Legal Adviser last December that "Senate-confirmed Presidential appointees may not even attend a political party convention or convention-related event". "In furtherance of the constitutionally mandated obligation to conduct oversight of the State Department, as well as to determine whether and legislative action is necessary, to address this matter, the Subcommittee on Oversight and Investigations intends to examine this issue carefully," the 45-year-old Democratic lawmaker wrote.
The Hatch Act was discussed a few days ago when Trump suggested that he might accept his presidential nomination for the re-election bid from White House, raising questions on politicizing the federal building. The president, however, remained defiant saying he did not come under the rule’s purview.
Pompeo seemed to be least affected by the backlash over him addressing the convention. The secretary tweeted his excitement ahead of his speech, saying: "President Trump has ensured the safety of America — and SECURED our many FREEDOMS, which is the cornerstone of this great nation. I look forward to sharing with you how the President has delivered on that mission TONIGHT!"
President Trump has ensured the safety of America — and SECURED our many FREEDOMS, which is the cornerstone of this great nation.
— Mike Pompeo (@mikepompeo) August 25, 2020
I look forward to sharing with you how the President has delivered on that mission TONIGHT!
This is not the first time that Pompeo has made forays into the country’s political arena despite being a top diplomat. Earlier this year, the 56-year-old spoke at the Conservative Political Action Conference and the conservative Family Leadership Summit in Iowa and it fuelled the speculation that he is preparing for a presidential bid in 2024. He also made several visits to America’s heartlands amid rumors of a Kansas Senate bid investigation from the Congressional Democrats though he did not run ultimately.
In the July cable, Pompeo said: "The Department works to advance the national interest abroad on behalf of all Americans in a non-partisan fashion. It is important to remember that in order to avoid any confusion or misperception in this regard, the Department's longstanding policy is that US citizen employees and family members may not engage in partisan political activity while posted or on (temporary duty travel) abroad, even on personal time."
He himself was found to be taking a contradictory stand.