Sunday, September 16, 2012

You Can't Unring the Bell -- The Law is the Law

February 25, 2012 in her 14-minute speech in Charlotte, North Carolina, to the  Human Rights Campaign (HRC) gala (the country's largest gay and lesbian civil rights group) Secretary of the Department of Health and Human Services, democrat Kathleen Sebelius,  said that a host of Obama-initiated advances for the gay community could be "wiped out in a heartbeat" if the Republican presidential nominee wins this year.

Read more here: http://www.charlotteobserver.com/2012/02/25/3046465/sebelius-rallies-lesbians-gays.html#storylink=cpy

Read more here: http://www.charlotteobserver.com/2012/02/25/3046465/sebelius-rallies-lesbians-gays.html#storylink=cpyat the Charlotte Convention Center,Democrat Sebelius, secretary of the U.S. Department of Health and Human Services, said a host of Obama-initiated advances for the gay community - including repeal of "Don't Ask, Don't Tell" in the militaryHuman Rights Campaign, the country's largest gay and lesbian civil rights group.

Read more here: http://www.charlotteobserver.com/2012/02/25/3046465/sebelius-rallies-lesbians-gays.html#storylink=cpyDemocrat Sebelius, secretary of the U.S. Department of Health and Human Services, said a host of Obama-initiated advances for the gay community - including repeal of "Don't Ask, Don't Tell" in the military - could be "wiped out in a heartbeat" if the Republican presidential nominee wins this year.

Read more here: http://www.charlotteobserver.com/2012/02/25/3046465/sebelius-rallies-lesbians-gays.html#storylink=cpy
These statements were a direct violation of the Hatch Act which prohibits appointed government officials from engaging in campaign activities in an official role.


Read more here: http://www.charlotteobserver.com/2012/02/25/3046465/sebelius-rallies-lesbians-gays.html#storylink=cpKathleen Sebelius, violated the Hatch Act. (This law prohibits federal employees from using their official authority to influence an election, although it allows partisan remarks made in a personal capacity.)
 Her official response was that any violation was "technical and minor" and was corrected after her official trip was reclassified as political, and the government was repaid for her travel. (The Democratic National Committee reimbursed the government $2,514.50 for the portion of the trip that was deemed political.)

This "event" was investigated by The United States Office of Special Council, and they reported to the office of the President, last week.  Below are portions of their report as found on the Internet.

  Secretary Sebelius was Invited, in her Official Capacity as HHS Secretary, to be the Guest of Honor and Keynote Speaker at the February 25, 2012, Human Rights Campaign Gala. The Human Rights Campaign (HRC) is a private, nonprofit civil rights organization that works to achieve equality for lesbian, gay, bisexual, and transgender (LGBT) Americans.
 Every year HRC holds several gala events. This year, HRC invited Secretary Sebelius to speak at its gala in Charlotte, North Carolina. HHS considered the Secretary’s appearance at the HRC gala to be in her official capacity. Secretary Sebelius’ calendar and a briefing memo prepared by her staff identified the event as official. In addition, online invitations to the event referred to her as “Secretary Kathleen Sebelius” and “Secretary of DHHS Kathleen Sebelius.”
   The Secretary’s Remarks at the HRC Gala Advocated the Reelection of President Obama and the Election of Lt. Governor Dalton Prior to the HRC gala, the Secretary received a briefing memo. The briefing memo provided background on the event. The memo recommended ways to respond to certain
questions and suggested that if asked about her personal views, she respond by stating, “I’m here to represent the President and the Obama Administration, not in my personal capacity.” The briefing memo also contained eight pages of a speech outline, which was later displayed on multiple teleprompter screens while the Secretary delivered her speech. 
 Secretary Sebelius appeared at the HRC gala in her official capacity as HHS Secretary. As explained above, twice during the speech, Secretary Sebelius diverged from her prepared remarks. First, she endorsed the gubernatorial campaign of North Carolina Lieutenant Governor Walter Dalton and stated that it is “hugely important” to elect a Democratic Governor in North Carolina. Although Secretary Sebelius testified that she “had not intended to endorse him,” her words had that effect. Because she made this endorsement in her official capacity as HHS Secretary, she violated the Hatch Act.
 In addition, Secretary Sebelius advocated for the reelection of President Obama in a series of extemporaneous remarks. Secretary Sebelius suggested that the effort to defeat Amendment One on the ballot in May could serve as a “great template to do what needs to be done to organize people and turn out people for November.” She noted that North Carolina is critical in the next election and emphasized that it is “hugely important to make sure we reelect the President.” These statements were made in Secretary Sebelius’ official capacity and therefore violated the Hatch Act’s prohibition against using official authority or influence to affect the results of an election.
 Secretary Sebelius Violated the Hatch Act When She Gave Her Keynote Speech at the February 25, 2012, HRC Gala

Hatch Act violations can be firing offenses for federal employees, but it appears unlikely that Sebelius will be disciplined.  Statements made in an official role can not be reclassified after the fact, and they become public knowledge.  The bell was rung you can not unring it.

By the way, this is the woman in charge of Obamacare.  Will she be as open minded about "technical and minor" offenses  in the implementation of that law?



Read more here: http://www.charlotteobserver.com/2012/02/25/3046465/sebelius-rallies-lesbians-gays.html#storylink=cpy

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