geonuc wrote:I think so, too. The question is, should he be dismissed and charged?
I work for an organization that still believes in battlefield executions (at least in theory). I am probably not a good litmus test for that question. But, I did stay in a Holiday Inn.
I am definitely convinced he violated the Hatch Act. The
penalties are not as severe as you might think.
On December 19, 2012, Congress passed the Hatch Act Modernization Act of 2012 (the Act). The Act modifies the penalty structure for violations of the Hatch Act by federal employees. The changes became effective on January 27, 2013. Under the modified penalty structure, an employee who violates the Hatch Act is subject to a range of disciplinary actions. This includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000. (Before enactment of these amendments, an employee was subject to removal, or in some cases, a suspension of no less than 30 days for Hatch Act violations). The modified penalty structure applies to violations that occurred before, on, or after January 27, 2013, unless OSC has already initiated a complaint with the Merit Systems Protection Board as of that date, or an employee has already entered into a settlement agreement with OSC
So the answer to the first part of your question is yes. If he violated the Hatch Act he can be removed from Federal Service. i.e. dismissed.
As for being charged. Well, if he is charged with a violation of the Hatch Act... As for any other charges I am not sure he actually broke any other law(s). He did violate DOJ policy. Which of itself could be grounds for dismissal. I know the president appoints and the congress confirms the director. I am not sure who would actually fire him. The president probably could have a private talk with him about a "severe loss of confidence" and suggest that he step down or retire. But, it is a delicate time. Technically, if Comey stalls long enough a different president gets to make the decision. Of course, it's looking a lot like Clinton could be that president. Not exactly a very hopeful outcome for Mr Comey.
Reading the Hatch Act it is clear that federal employees are covered. But, there are exemptions including our congress critters in D.C. It is conceivable that Comey could argue that he is not subject to the Hatch Act. That is a court case that would be very interesting.
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