A member of President Joe Biden’s Cabinet violated a federal law when he endorsed Sen. Alex Padilla (D-Calif.), according to a new watchdog report.
Becerra, appointed by Biden, was speaking in his official capacity at the Congressional Hispanic Caucus Institute Annual Awards Gala when he expressed support for Padilla’s reelection bid, according to the watchdog.
The Hatch Act bars individuals in executive agencies from using their official authority or influence “for the purpose of interfering with or affecting the result of an election.”
Becerra was clearly acting in his official capacity when he attended the gala, the special counsel said. Evidence includes his prepared remarks’ being reviewed by an attorney in the Department of Health and Human Services Ethics Division, his being introduced with his official title, and his discussing in his speech the work of the Biden administration.
“Because he was acting in his official capacity at the event, the Hatch Act prohibited Secretary Becerra from promoting or opposing candidates for partisan political office, like Senator Padilla,” the watchdog stated.
‘Should Have Known’
Becerra “should have known” that what he did was prohibited because he has undergone “comprehensive training” on the Hatch Act, including viewing a presentation from White House lawyers just three months before the gala, the Office of Special Counsel stated.The materials in the training included the statement that “political remarks must be distinct from official remarks.”
Attendees were warned that they “may not encourage support for a candidate for a candidate or remind attendees to vote for a particular candidate or group in an election” or “discuss candidates, elections, or partisan groups.”
Becerra could have also accessed information about the Hatch Act before the gala, the watchdog stated.
‘Off-the-Cuff’
Becerra told investigators that his comments about Padilla were “off-the-cuff” and not planned.Becerra also said he has a “longstanding personal relationship” with Padilla, who was appointed by California Gov. Gavin Newsom to fill a vacancy that arose when Kamala Harris left the Senate to become vice president.
“I certainly am proud of Alex Padilla and his accomplishments and said so from the perspective of someone who has witnessed many of his achievements,” Becerra was quoted as telling investigators.
With regard to his saying he would be voting for Padilla, he said, “I don’t believe I thought of that as conveying anything more than what I as a responsible citizen would be doing in the near future.”
Because of the training he underwent, Becerra’s explanations “do not serve to mitigate the issuance of this Report to the President,” the Office of Special Counsel stated.
“I did not intend to use my official authority or influence for purpose of interfering with or affecting the result of an election, and I regret this inadvertent violation,” Becerra said in response to the report.
“While I did not realize at the time that my off-the-cuff remarks concerning my personal voting intentions were in violation of the Hatch Act, I now understand why they were not permitted,” he added. “I have received additional counseling on the Hatch Act from the Department’s Ethics Division, and I will work hard to ensure that there are no future violations.”
Other Biden administration officials have violated the same law, including Housing Secretary Marcia Fudge, the special counsel has found previously. Several Trump administration officials were also found in violation, including former White House adviser Kellyanne Conway.
