Castro Support of Hillary Violated Hatch Act – NMP Skip to main content

Castro Support of Hillary Violated Hatch Act

Jul 19, 2016

When U.S. Department of Housing & Urban Development Secretary (HUD) Julian Castro broke with precedent as being the rare incumbent cabinet member to endorse a presidential primary candidate, it appears that he also broke the law in his candidate advocacy.

The U.S. Office of Special Counsel (OSC) has filed a report charging Castro with violating the Hatch Act during an April 4 interview with Katie Couric for Yahoo! News. The Hatch Act prevents federal government officials from using their positions to champion partisan causes, although it does not prohibit political activities outside of government duties.

While Castro’s interview with Couric began with Castro discussing HUD policy, it shifted into his support for Hillary Clinton’s presidential campaign and a denunciation of Donald Trump. During the entire interview, the HUD seal was visible and Couric repeatedly referred to Castro as “Mr. Secretary,” which the OSC concluded was a blurring of lines.

“Federal employees are permitted to make partisan remarks when speaking in their personal capacity, but not when using their official title or when speaking about agency business,” said the OSC in announcing its report. “OSC conducted an investigation after receiving a complaint about the interview. The final step in an OSC Hatch Act investigation of an official who is appointed by the President and confirmed by the Senate is to send the report to the President, together with a response from the official.”

In his defense, Castro said he stated that his non-HUD comments in the interview were being made outside of his capacity as the department’s chief. But in receiving the OSC report, he was contrite about its findings.

“In responding to a journalist's question about the 2016 election, I offered my opinion to the interviewer after making it clear that I was articulating my personal view and not an official position,” he said in his response letter to the OSC. “At the time, I believed that this disclaimer was what was required by the Hatch Act. However, your analysis provides that it was not sufficient. Thank you for bringing this matter to my attention. When an error is made – even an inadvertent one - the error should be acknowledged. Although it was not my intent, I made one here.”

In submitting its report to the White House, the OSC made no suggestion on reprimand. The White House offered no public comment on the report.

About the author
Published
Jul 19, 2016
MISMO Launches AI Governance Framework For Mortgage Lenders

New FRAME toolkit gives lenders, servicers, and technology providers a roadmap for managing AI risk while supporting innovation

CFPB Tells Lenders Immigration Status Can Factor Into ATR Analysis

CFPB frames immigration status as a potential ability-to-repay factor when future U.S.-based income is at risk

UAD 3.6 Deadline Nears; First American Earns Verification

First American's ACI Sky Workbench gains verification ahead of the Nov. 2 implementation date for the GSEs' updated appraisal reporting requirements

MISMO Introduces New Loan Boarding Standard

Wrapper Files support standardized data transfers between origination and servicing systems, with potential savings of $60 to $160 per loan

The GLBA Compliance Gap Your AI Deployment Just Opened

Old statutes, new models, and the vendor contract you signed before machine learning became operational

FHA Keeps Tri-Merge Credit Reports While Expanding Approved Scoring Models

HUD says FHA lenders will continue using three-bureau credit reports even as the agency adopts newer scoring models aimed at increasing competition and modernizing mortgage underwriting