Posted on Apr 25, 2023
Tulsi Gabbard posts video in uniform accusing 'self-serving politicians' of wanting to start...
760
43
19
8
8
0
Edited >1 y ago
Posted >1 y ago
Responses: 7
Ah, hell.
I generally support Tulsi Gabbard but this was a mistake, through and through, and she should have known better. Political speech or activity while in uniform or while acting in an official capacity is a violation of the Hatch Act. (5 U.S.C. § 7321 – 7326) There is no distinction made between while "on Active Duty" or not in the statute - tying the political speech or activity to the official Federal position or office is all that is required to be in violation of the law. The Hatch act does not only apply to Servicemembers, it also applies to all other Federal Government employees as well. The United States Army Reserve is organized under the Department of the Army and is thus a part of the Federal Executive Branch, unlike the various State National Guards.
I generally support Tulsi Gabbard but this was a mistake, through and through, and she should have known better. Political speech or activity while in uniform or while acting in an official capacity is a violation of the Hatch Act. (5 U.S.C. § 7321 – 7326) There is no distinction made between while "on Active Duty" or not in the statute - tying the political speech or activity to the official Federal position or office is all that is required to be in violation of the law. The Hatch act does not only apply to Servicemembers, it also applies to all other Federal Government employees as well. The United States Army Reserve is organized under the Department of the Army and is thus a part of the Federal Executive Branch, unlike the various State National Guards.
(6)
(0)
SrA Ronald Moore
While in Public Offices The Government Ofyiviaks still Mistreat the Laws, but I see no one Yelling either, Institute Such a Gatch Act for Democrats and Representatives of State or Republicans,
(0)
(0)
SSG John Gillespie
Well, there's the thing. The Hatch Act only applies to Federal "Employees," meaning individuals in some way employed under the Executive Branch and receiving some form of a salary on a GS or other governmental pay scale or under contract through the Executive Administration. It does NOT apply to elected officials and I am unclear from the text of the statute on how it might apply to certain appointed officials, such as Cabinet members, Federal Judges and the like.
So, we see elected officials engage in blatant partisanship all the time because they were always free to do so.
So, we see elected officials engage in blatant partisanship all the time because they were always free to do so.
(0)
(0)
LTC (Join to see) Yes, she was wrong for posting this. I think where she might be able to get away with it is she's a member of the Hawaii National Guard, and not on title 10.
(4)
(0)
LTC (Join to see)
No, she is now part of the USAR under 351 CACOM Mountain View, California. I was in the 445h CA BN HHC that is under the 351 in the SAME BUILDING. SSG John Gillespie
(2)
(0)
SrA Ronald Moore
Say it Loud People , Before they take that right away also, but let me say And wonder are we to Uphold the Constitution at all Cost. ?
(1)
(0)
(4)
(0)
Read This Next