Did Pete Buttigieg Just Document Himself Committing a Federal Crime?

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AP Photo/Mary Altaffer

Even though we all know the Biden White House is totally post-law and post-consequences, one could hope that they could keep up the appearances of at least caring for another three months. Alas, that doesn’t seem to be the case. Kamala Harris was in Michigan Friday, trying to put out the growing five-alarm fire caused by the roasting Trump gave her at the Al Smith Dinner; see HOT TAKES: Al Smith Dinner Featured Trump at His Funniest Despite the Elephant (Not) in the Room. Along with her was Transportation Secretary Pete Buttigieg.

Campaign season for a president-appointed and Senate-confirmed official is a fraught time. Even though they got the job by being politically active and frequently, politics are their only skill set. The Hatch Act, the federal law covering the political activities of federal employees, classifies these people as “further restricted employees,” while run-of-the-mill employees have some ability to engage in electoral politics while maintaining the patina of being “non partisan.” Okay, I laughed out loud when I wrote that.

Further Restricted federal employees are prohibited from taking an active part in partisan political management or partisan political campaigns. Specifically, these employees may not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. Such employees may not:

  • Be a candidate for nomination or election to public office in a partisan election
  • Take an active part in partisan political campaigns, by, for example:
    • Campaigning for or against a candidate or slate of candidates
    • Making campaign speeches or engaging in other campaign activities to elect partisan candidates
    • Distributing campaign material in partisan elections
    • Circulating nominating petitions
  • Take an active part in partisan political management by,  for example:
    • Holding office in political clubs or parties
    • Organizing or manage political rallies or meetings
    • Assisting in partisan voter registration drives
  • Use their official authority or influence to interfere with or affect the result of an election by, for example:
    • Using their official titles or positions while engaged in political activity
    • Inviting subordinate employees to political events or otherwise suggesting to subordinates that they attend political events or undertake any partisan political activity
  • Solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group by, for example:
    • Hosting a political fundraiser
    • Inviting others to a political fundraise.
    • Collecting contributions or sell tickets to political fundraising functions
  • 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, while at work employees may not:
    • Wear or display partisan political buttons, t-shirts, signs, or other items
    • Make political contributions to a partisan political party, candidate for partisan political office, or partisan political group
    • 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
    • Use any email or social media account to distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group

Astonishingly, our very own “Mayor Pete,” posted this on his personal account.

I really don’t see how you finesse this. Buttigieg is with the Harris campaign; one assumes “ready to win” is not some obscure gay sex act and refers to the 2024 election. Harris campaign items festoon the wall behind him. The people are so enthusiastic that it can only be a Harris campaign event headlined by Buttigieg.

All joking aside, there is no way this is not some level of violation of the Hatch Act. Either he’s actively campaigning for Harris or giving the impression of actively campaigning for Harris. Both are illegal. The real question is if anyone in the federal government cares. My guess is they don’t for all the obvious reasons.

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