U.S. Rep. Bob Filner (D-Calif.) is calling on Southern California U.S. Attorney Laura Duffy is to resign over her apparent support for Filner’s rival in a race for San Diego mayor, saying she has violated the Hatch Act prohibiting political activities by federal employees.
Laura Duffy
Duffy came under fire last week after it was revealed she — acting as a private citizen — helped organize a candidate forum at her synagogue in San Diego. At the event, the mayoral candidates sparred, with Filner calling his Republican opponent, San Diego council member Carl DeMaio, “a liar.” The episode prompted Duffy to send DeMaio’s campaign an email apologizing for the flare up, saying some members of the congregation believed Filner “embarrassed himself.”
DeMaio’s campaign then released Duffy’s email to reporters, which officials said was an oversight.
Yesterday, Filner again called for Duffy’s resignation. ”She is illegally participating in an election,” he said at a debate Thursday.
The NBC affiliate in San Diego reported Duffy is being reviewed by the Justice Department for potential violations.
A spokesperson for the San Diego U.S. Attorney’s office did not immediately respond to a request for comment. The Justice Department declined to comment.
Last week, Duffy defended her actions. She said her “personal email” was not an endorsement “of any kind,” but also reiterating her belief that Filner acted unprofessionally at the candidate forum.
“I have made it clear not just to mayoral candidates but to any candidate — and candidates have sought my endorsement who are on the Nov. 6 ballot — that given my presidential appointment, I won’t make any statements as to any candidate,” Duffy told the San Diego Union-Times last week. “Of course I am a member of this community and our elected officials are very important to me and I will be casting my votes. But that’s a personal matter, and I try to keep it that way.”
The report also noted that Duffy gave $250 to DeMaio’s general election fund last month. Federal employees are allowed to donate to campaigns under the law.
The Voice of San Diego spoke with two former George W. Bush White House lawyers this week, who said Duffy’s actions do not appear to violate the law. They criticized DeMaio for leaking Duffy’s email and using it to imply her support.
“He’s putting her in a situation where it looks like she’s violating the Hatch Act,” said Richard Painter, a law professor at the University of Minnesota who served as Bush’s chief ethics lawyer in the White House Counsel’s office from 2005 to 2007.
Advisory Opinions for presumed non-partisan California elections dated July 18, 2012, and January 16, 2001 have been issued by the Office of Special Counsel (OSC) regarding the Hatch Act.
To make the non-partisan San Diego Mayoral Race partisan requires evidence that DeMaio solicited or advertised the endorsement of a partisan political party, like the Republican Party.
Our San Diego Mayoral race is presumed non-partisan, until action by any candidate and Polical Party refute the assumption. Since 1955, the OSC has determined that the Federal Hatch Act is applicable to some local non-partisan contests. Especially if a non-partisan Mayor candidate uses the Endorsement of the local Republican Party in their campaign literature. It is up to the discretion of the OSC investigators if the contest for Mayor of San Diego has a known Republican candidate, who has the support of the Republican Party in San Diego.
Duffy just organizing a political debate is a violation of the Federal Hatch Act, let alone a political email afterwards. Duffy just contributing money to a candate is also a violation. As an employee of the Department of Justice who works on Criminal cases, Duffy is not allow to organize, manage, or be part of political events. She is a Federal lawyer, she should know Federal laws such as the Hatch Act, specifically for Further Restricted Federal Employees like United States Attorneys, FBI Agents, Secret Service, etc. The appointed position of United States Attorney in the Department of Justice further Restricts Duffy’s Political actions compared to other types of less restricted Federal employees.
http://www.osc.gov/documents/hatchact/federal/fha-27.htm
“Usually, a nonpartisan election is so designated by state or local laws. Such state and local laws, however, create only a rebuttable presumption that an election is nonpartisan. See Special Counsel v. Yoho, 15 M.S.P.R. 409, 413 (1983), overruled on other grounds, Special Counsel v. Purnell, 37 M.S.P.R. 184 (1988).
Evidence showing that partisan politics actually enter the campaigns of the candidates may rebut this presumption. See In re Broering, 1 P.A.R. 778, 779 (1955).
For example, if a candidate solicits or advertises the endorsement of a partisan political party or uses a political party’s resources to further his or her campaign, these actions may transform a nonpartisan election into a partisan one.”
http://www.osc.gov/haFederalFurtherRestrisctionandActivities.htm
“Employees may not campaign for or against candidates or otherwise engage in political activity in concert with a candidate for partisan political office. Such Employees May not organize or manage political rallies or meetings.
May not use their official authority or influence to interfere with or affect the result of an election. For example: May not use their official titles or positions while engaged in political activity.”
May not engage in political activity – i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group – while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally owned or leased vehicle.
For example: May not wear or display partisan political buttons, T-shirts, signs, or other items.
May not make political contributions to a partisan political party, candidate for partisan political office, or partisan political group.
May not post a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.May not use any e-mail account or social media to distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.”