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Special counsel cites Sebelius for Hatch Act violation
September 12th, 2012
07:43 PM ET
278 days ago

Special counsel cites Sebelius for Hatch Act violation

(CNN) - The Office of the Special Counsel on Wednesday announced it was citing Secretary of Health and Human Services Kathleen Sebelius for illegally making political comments at an official event, which is a violation of the federal Hatch Act.

The counsel found that she made the comments when delivering the keynote speech at the Human Rights Campaign Gala in February.

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After the apparent Hatch Act violation emerged, her office reclassified the trip from official to political and she reimbursed the government for associated expenses.

The law prohibits most federal employees from "engaging in political activity while on duty," according to the special counsel, but some officials, such as cabinet secretaries, are permitted to make political statements in their personal capacity. The Office of Special Counsel is an independent government agency which can investigate and prosecute.

The counsel found that "the Secretary departed from her prepared outline" when she told attendees at the event, "it's hugely important to make sure that we reelect the President and elect a Democratic governor here in North Carolina."

In a seven-paragraph email to the special counsel's office, Sebelius concluded that "I regret making statements that converted my participation in the event from official to political. As I have also explained, keeping the roles straight can be a difficult task, particularly on mixed trips that involve both campaign and official stops on the same day. Since this incident, I have met with the ethics attorneys at the Department to ensure that I have an accurate understanding of what types of statements are prohibited at an official event."

In her letter, Sebelius took issue with the special counsel pursuing the "minor" issue to this point, rather than considering it rectified when the trip was reclassified and expense repaid.

"I believe that you should have concluded that any violation was corrected when the event was reclassified as political," she wrote. "I believe that you should have concluded that the consequence of my going 'off script' at an official event was to change the nature of my appearance for cost reimbursement purposes only."

A HHS spokesman issued a statement which made no mention of the secretary's regret.

"The U.S. Office of Special Counsel (OSC) released its findings today on extemporaneous remarks made by the Secretary on February 25, 2012 at a Human Rights Campaign (HRC) event," a statement from a HHS spokesman read. "As was previously announced and at the direction of the Secretary, the Department of Health and Human Services (HHS) reclassified the event as political and the U.S. Treasury was reimbursed for all travel expenses."

The special counsel's report specifies that it now goes to Obama for "appropriate action."

– CNN's Kevin Bohn and Gregory Wallace contributed to this report

Also see:

– With attacks in Middle East, campaign turns to foreign policy

– Romney's political pretzel over Libya

– Democrats outraged with Romney foreign policy attacks

– Ryan ramps up foreign policy attack on Obama


Filed under: 2012 • HHS • Kathleen Sebelius
soundoff (64 Responses)
  1. bj

    What do you expect when their leader is an empty chair. Dirty Harry said it best, when you hire someone to do a job and they don't do it, get rid of them. Start with the false messiah and then all he's paid minions.

    September 13, 2012 10:44 am at 10:44 am |
  2. EricandKathy

    The first of many. No surprises here, though Eric Holder should be "rebuked" next.

    September 13, 2012 10:45 am at 10:45 am |
  3. Seth PA

    But yet every priest in America can use their pulpit on Sunday to extoll the "virtues" of Mitt Romney and the Republican party and the evils of the "Satan worshiping unbelievers", Obama and the Democrats, and they do not have to pay back the money that the government gives them (tax breaks, property tax rebates, etc.).

    September 13, 2012 10:47 am at 10:47 am |
  4. ThinkAgain: Mittens 'n' Munster are Liars

    @Wade: It's not an arrestable offense ... you really need to let go of the blind hate you carry around inside ...

    September 13, 2012 10:48 am at 10:48 am |
  5. Anonymous

    You know, Republicans. It really doesn't matter what all of you think anymore. When a political party accepts what very well could be considered the most despictable campaign act in history from their candidate, I have to put my hands in the air and walk away. It's just that simple. Good luck voting for Mr. Romney. You all deserve each other.

    September 13, 2012 10:51 am at 10:51 am |
  6. mike

    Obama has turned the USA into a JOKE! Can't wait for this amateur to be gone and forgotten.

    September 13, 2012 10:54 am at 10:54 am |
  7. obama is Out Of Touch with reality

    Jail the crook now, but no, she will kiss the obama butt and get off free, but if it were a Repub, the world would end but she is one of the Godless Party.

    September 13, 2012 10:56 am at 10:56 am |
  8. wang

    Typical moonbat responses in defense of a criminal act. According to the lib tard$ it's ok to break the law as long as you say you're sorry afterwards. Wait, she actually didn't apologize. She instead responded to the special counsel by asserting THEY were wrong in their conclusion because after the fact she reclassified the type of event and reimbursed the Govt. Can I beat the crap out of some moonbats and then just apologize for it afterwards? That way I'll at least be playing by their rules. Bottom line is this scarecrow looking hag should be fired and probably thrown in jail.

    September 13, 2012 10:58 am at 10:58 am |
  9. Sniffit

    "Break a serious law like the Hatch Act and most federal employees are fired. Now the WH is saying in essence they don't need to follow the law for those they like but they can just ignore it and bend all the rules to try and dismiss the offense as the trip has been renamed so all is well. Once again there is a law for everyone else but not the WH. Something is wrong when you decide to put yourself above the laws you swore an oath to uphold."

    1. Read the article.

    2. The WH hasn't been given the report to act on it yet and it would premature for the WH to comment before receiving said report. (Last sentence of article)

    3. Speaking of which: There has been ZERO official WH response to this.

    4. If you are trying to claim that the WH was involved or encouraged or ordered her to utter this one political sentence during her speech, then I suggest you loosen your tinfoil hat, beacuse it's cutting off the blood flow throughout your skull. There is ZERO evidence for such an accusastion.

    5. The Office of Special Counselthat investigated and is reporting this is just as much a part of the executive branch as the department Sebelius' heads, so the blaming the WH for the violation, while failing to also acknowledge that the WH is in charge of the people who are doing a good job policing for this kind of activity, is complete idiocy.

    September 13, 2012 10:59 am at 10:59 am |
  10. Rudy NYC

    "The most corrupt administration US history is found to be a little more corrupt.."
    ---------------------------
    Nixon/Agnew was hands down the most corrupt administration in US history.

    September 13, 2012 11:03 am at 11:03 am |
  11. zisee

    The Dems can do anything and all the media will say is, okay, he or she won't do it again. Obama's administration, if that's what you want to call it, says, don't say it in public anymore.

    September 13, 2012 11:06 am at 11:06 am |
  12. Bill from GA

    " The law prohibits most federal employees from "engaging in political activity while on duty " ."

    Wouldn't that make a crime of almost everything done by the repug in Congress since Obama was elected?

    September 13, 2012 11:06 am at 11:06 am |
  13. eroteme

    Oh yes, credit her for being honest. When Obama was elected in 2008 Sebelius was passed over by Obama in the selection of his cabinet. Kathleen told us Kansans that she would not be going to Washington because Kansas needed her. Then when she was belatedly asked to serve as Secretary of Healh and Human Services she told Kansans goodbye, I am going to Washington.

    September 13, 2012 11:07 am at 11:07 am |
  14. d

    God what a waste of tax payer money...special council my butt...witch hunt more like it. she repaid the country. more than congress has done! they should refund their salaries!

    September 13, 2012 11:10 am at 11:10 am |
  15. Jennifer

    Seth: And every public union in the country can expound on those "evil Republicans" and send out fliers and hold events and strikes to get their Democratic buddies elected, all without paying back a cent of the taxpayer money that goes to fund them.

    So what's your point?

    September 13, 2012 11:13 am at 11:13 am |
  16. steve

    This is just another example of obama's elitists attitude. This woman like Carol Brauner needs to be fired the day Romney takes office. I can't believe any fool would vote for obama after this week of news reports, that I know broke CNN's heart and several others just to have to release it.

    By the way CNN, where's the story about the Russian war ship photos used at the dnc convention during the democrats failed salute to veterans?
    It's obvious even the left wing press can't save obama. Thank God for that! obama is ONE and DONE!!!!!

    September 13, 2012 11:17 am at 11:17 am |
  17. DSANG

    @SethPA... Priests and Pastors are not legally allowed to promote any political views from the pulpit. It is a violation of IRS laws & regulations. They can loose their non-profit status if they do. But then perhaps you weren't speaking from personal experience.

    September 13, 2012 11:20 am at 11:20 am |
  18. Jerry

    Ambassador's killing shines light on Muslim sensitivities around Prophet Mohammed
    By Dan Gilgoff and Eric Marrapodi, CNN Belief Blog Co-Editors:

    Wow! Does that mean that these savage animals should be allowed to murder innocent people at will?!

    I am still waiting for our Accommodator-in-Chief to condemn the barbaric murders of our dedicated citizens. Just like Mr. Romney has indicated; I guess I will be waiting for ever.

    This clueless/irresponsible administration needs to admit that they were caught with their pants down. The attacks were brought to light several weeks ago. Our appeaser-in-Chief and his flunkies just did not take the threats/rumors seriously enough. After all, it's other people's lives that were jeopardized.

    Now they will attempt to lie their way out of the situation which, with proper actions, could have been averted. So much for HIS foreign policy experience/acumen.

    Americans were killed and our "Illustrious President?" takes off on fun(d) raising junkets and to meet with his fellow performers.

    Another Four Years?! I think NOT! I refuse to "Bend Forward", again!!!

    September 13, 2012 11:21 am at 11:21 am |
  19. Blah blah the wheel's off your trailer

    Where are the WMDs?

    September 13, 2012 11:23 am at 11:23 am |
  20. GI Joe

    Not as bad as what Rubio (FL) did.

    It just gets more attention because she's a democrat. ha ha ha ha ha

    September 13, 2012 11:25 am at 11:25 am |
  21. truth hurts

    this has nothing to do with money! reclassifying the trip and paying does nothing to change the violation of the law. her attendence there was official business, supposedly representing the American people and not her master obama.

    It been pretty clear these leftists have absolutely no regard for the laws of this nation. they break them and disregard them at will. it is about time somebody had the brass to call them on it. what will be done? absolutely nothing and they will continue to break the laws until they are removed from office.

    September 13, 2012 11:27 am at 11:27 am |
  22. DocReality

    Impeach Obama now.

    September 13, 2012 11:27 am at 11:27 am |
  23. TY

    Waste of Time.............eroteme: am from Kansas too, and so what. You would do the same thing if you had a better offer.

    September 13, 2012 11:29 am at 11:29 am |
  24. nobama

    Is there any truth the the rumor that the White House said in response to these findings, "It was Bush's fault."?

    September 13, 2012 11:32 am at 11:32 am |
  25. Really?

    @Seth PA -" The money government give them"? What the h... are you talking about?

    Folks...this is liberal mentality at it's finest; very said.

    September 13, 2012 11:33 am at 11:33 am |
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