Reader Posts

« previous | TPM CAFÉ READER POSTS HOME | next »

This GOP sheriff is in deep doo-doo

No one is questioning his 1st Amendment right of free speech. However, in Lee County, FL Sheriff Mike Scott’s case, it is glaringly apparent he has stepped over the line. If you remember, Scott appeared at a Palin rally in full uniform, giving a rousing warm-up speech for the Alaskan governor.


Comments (30)

Scott wrapped up his speech by proclaiming "On Nov. 4, let’s leave Barack Hussein Obama wondering what happened." At which time, he saluted the audience and stepped down. As did GOP Chairman Bill Platt in his warm-up speech for McCain in Bethlehem, PA, Scott uttered Obama’s middle name as though it was a dirty word.

Never mind the fact that other American patriots have had Arabic names, like General Omar Bradley, Army Chief of Staff and Chairman of the Joint Chiefs of Staff, Gen. George Joulwan, former NATO Supreme Allied Commander of Europe, Gen. John Abizaid, former CENTCOM commander, Congressman Darrell Issa of California, and former cabinet secretary Donna Shalala . The usage of Obama’s middle name in an effort to tie him to international terrorists (as they have attempted to in the past), is symbolic of just how desperate McCain and his GOP shills are getting these days.

Unfortunately for Scott, the very fact that he appeared in uniform, supporting a political candidate, makes this a possible violation of the Hatch Act, for which he is now under investigation, and has provided a rather flimsy defense of his conduct. If Sheriff Scott is found guilty, the

“Feds can pull two years salary worth of federal funding - the equivalent to $300,000 for the Lee County Sheriff's Office.”
http://www.nbc-2.com/articles/readarticle.asp articleid=22058&z=3

Uh-oh!

Cross-posted here:
http://www.dailykos.com/story/2008/10/9/123851/529/359/625098

It is a violation of the Hatch Act whether he appeared in uniform or not.

On the other hand, since Scott is the "elected head of an executive department." the Hatch Act may not apply.

According to the Office of Special Counsel:

The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. Employees who work for educational or research institutions which are supported in whole or in part by a State or political subdivision of the State are not covered by the provisions of the Hatch Act.

It states that covered persons may not "use official authority or influence to interfere with or affect the results of an election or nomination," and that while "an employee's conduct is also subject to the laws of the state and the regulations of the employing agency... employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws."

avatar

As much as I hate to say it, I think an elected official can say what they want pretty much anywhere they want. I hope they can get him but I kinda have my doubts anything will ever be done.

http://www.osc.gov/ha_state.htm
He most likely will be forced to resign.

Good. Then we can all watch him goose-step outta there.

avatar

Yet another example of Obama Nazi's trying to silence opposition. Threaten people's jobs if they speak against the messiah. Threaten to use the law (in Missouri, why wasn't that a Hatch violation?) to silence them. Scott is a good man with a lot of support. You leftists can stuff it.

So it's okay for people to break the law as long as they're Republicans?

That is certainly the Cheney/Bush administration position.

Hey stupidmutt, a federal agency, under the direction of the president, is investigating the guy. "Threaten to use the law..."?

If the guy violated the law he should be subject to sanctions.

I don't think Scott's emphasis of Obama's middle name will any effect on the election, as those who may be swayed by such wouldn't be voting for Obama anyway. However, a measure of Scott's disingenuousness is betrayed in his statement of defense wherein he refers to "Gov. Crist", rather than Charles Joseph Crist and that in his remarks which stirred the controversy he did not refer to Obama as Sen. Obama. So he's using a different standard of respect for the governor than he is for the senator.

The very fact that he warmed up the crowd at a Palin rally establishes his mouth breather creds.

I find the Cleverbulldog's usage of "Obama's Nazi's" quite fascinating; kind of like “Virtual Reality” and “Tax Return”. The two words could not be more diametrically opposed. A perfect Oxymoron and example of neo-cons flawed logic, which goes something like this:

0/2 = 0
0/1 = 0
0 = 0
so 1 must equal 2

It's no secret that Obama has been discribed by neo-cons like the CleverBulldog as a "Liberal" Remember, John F. Kennedy described himself as a Liberal.

According to the Merriam-Webster Dictionary, “Liberal” is defined as being “open-minded or not strict in the observance of orthodox, traditional, or established forms or ways.”

Fascism is described as a political philosophy which “stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition.” and “a tendency toward or actual exercise of strong autocratic or dictatorial control.”

When asked how they would position Conservatives and Liberals on the political spectrum, most would deem the Liberals as those on the “Left” and Conservatives as those on the “Right”. This leads one to ask: ‘Is Fascism an extreme-right or extreme-left philosophy?’

The Oxford English Dictionary describes Fascism as “an authoritarian and nationalistic right-wing system of government.”

There are countless references to Fascism as being on the extreme right, such as the book “The Radical Right in Central & Eastern Europe since 1989” This is also addressed in Geoff Boucher’s February 2006 article “Postmodern Neofascism: Contemporary Rightwing Extremism in the Metropolitan Countries”, and in the March 2004 article “Roads to Fascism: Sixty Years Later” by Roderick T. Long, Associate Professor of Philosophy at Auburn University.

It's small wonder we see such idiotic statements from neo-cons like theCleverBulldog.

According to the National Adult Literacy Survey, 42 million adult Americans can't read; 50 million can recognize so few printed words they are limited to a 4th or 5th grade reading level; one out of every four teenagers drops out of high school, and of those who graduate, one out of every four has the equivalent or less of an eighth grade education. http://www.nrrf.org/essay_Illiteracy.html

Ooh, the lipstick-laden pit bull is barking. Isn't he cute?

Torture is a war crime. It is illegal always and everywhere. It cannot be made legal. Efforts to make it legal are also illegal.

Yet many Republicans supported and defended the Bushit criminal enterprise's commissions of that war crime.

Stupid bullshitter, lower than a dog: violating the law is not "free speech" or anything else of the kind, your America-hating defense of treasonous lawlessness notwithstanding.

Another clown! Unfair influence is considered a right to you scare-mongers. There is going to be a national celebration on November 5th, because the young people are showing us the way to a world of tolerance. The hate-monger, every man for himself conservative movement, which claims fiscal responsibility and then spends a trillion dollars DESTABILIZING the Middle East, is feeling it's first pains in what will hopefully be it's death dance. Young people today are more tolerant and less judgmental and are changing the world for the better right under our noses. A person in an authority position has no business trying to incite anger and violence.

typo "described"

avatar

Not a fan of either McCain or Palin.
But always willing to advocate for the devil.

Does it make a difference that the sheriff might be an elected official, rather than just an "employee"?

And on the web site of the U.S. Office of Special Counsel there is a page on the Hatch Act and it says this (the second "permitted activity" seems pertinent here:

Permitted Activities
Covered state and local employees may-
-- run for public office in nonpartisan elections
campaign for and hold office in political clubs and organizations
-- actively campaign for candidates for public office in partisan and nonpartisan elections
-- contribute money to political organizations and attend political fundraising functions

Prohibited Activities
Covered state and local employees may not-
-- be candidates for public office in a partisan election
-- use official authority or influence to interfere with or affect the results of an election or nomination
-- directly or indirectly coerce contributions from subordinates in support of a political party or candidate

avatar

p.s.
And of course the second "prohibited" activity might apply.

With all that said, I'd sure like to see the guy get voted out and replaced by someone whose first or last name is Hussein, the latter just to rub it in.

Thanks, Mr. Tamblyn, for this post. In my own little way, I've discovered the fear of anything Arabic this week....I finally found the necklace I had misplaced, the one my dad brought home to me after he'd been living in Abu Dhabi for several years, working for the UAE (United Arab Emirates) as a stock analyst.

He bought a necklace that spelled my name in Arabic. I found it this week after turning my apartment upside down due to my roommate's moving out, and I put the necklace on this past Sunday and ever since then, people have been coming up to me and asking what the "weird lettering" says, and asking me why I would wear such a thing.

Never mind the fact that my father passed away a few years ago, and that this is one of the few touchstones I have left, other than his silver Zippo lighter from 1974....I now have to declare myself not a "terrist" for wearing Arabic letters under my neck.

So much for America being the melting pot that urged everyone to "Give me your tired, your poor, your hungry...."

I cannot tolerate close-mindedness.

Well, my son-in-law is a Libyan-born Muslim, and you couldn't ask for a better husband for my daughter and father for my grandchildren. In fact, I have love and admiration for his entire family. After 9/11, his mother, who wears the traditional hijab, was accosted in the streets of Los Angeles and spat upon, for no other reason than her appearance.

If Scott and other neo-cons have their way, people will be judged according to their gender, color of their skin, ethnicity, or the Arabic pronunciation of their names, rather than as fellow human beings. It is a sober reminder that we are not that far removed from the days of the Salem Witch trials.

Curveball, the issue is about using official insignia or position. As a state employee, I can campaign for a candidate so long as I don't use my state position to do so. Showing up in uniform is exactly the kind of use of official position the Hatch Act is talking about.

I believe--and someone correct me if I'm wrong--that Sheriff Scott's problem is that he's 1) an elected head of an executive agency that 2) administers federal funds. Or something like that. So he can campaign for his own job, but can't stump on behalf of someone else--at least not in uniform.

I actually went to high school with Sheriff Scott (I was a freshman when he was a senior). I will try to find my yearbook and scan a photo for fun -- he used to have hair.

This is a funny story, but not surprising. Lee County, where I grew up, is a racist town. I went to high school with the son of the Ft. Myers Chief of Police and he was one of the most racist people I have ever known, he learned it somewhere.

The Lee County Sheriff is an elected office. I am not a lawyer, but sounds like he is off the hook if the above poster is correct. If he were in the military it would be different.

Oh, and Nazis are right-wing!

Oh... but right is left and left is right... and good is bad... and bad is good, right?

avatar

Oh, dear, the sayings - the Left is right, the Right is wrong; The moral majority is neither; The one thing Republicans fear the most is an educated voter.
Good and bad are simply perspective, aren't they?

Now he may be a racist and a moronic assclown, but to lose his job? That's pretty messed up.

avatar

So, what do you think his punishment should be if he is found to have broken the law?

Remember, this is a man whose job is to enforce the law on others.

avatar

nazis are right wing? i thought they were (national) socialists?

avatar

Oh, my sides are splitting from laughing so heartily. To call Obama supporters Nazis is as cosmically accurate as it would be to refer to McCain supporters as Peace Corps volunteers. John McCain's campaign is now relying on hate, fear and all manner of insinuations of the most vile kind to incite the less-than-savvy bottom feeders affectionately known as their base. As a former resident of nearby Volusia county, I will attest to the vitriolic, racist mentality that yes, still permeates in areas of the great state of Florida. This sheriff should be made to shovel manure on a chain gang in the heat of the Florida summer, so that he will never forget what bull crap smells like in case he dares to surround himself with its purveyors again.

Theone, I think the penalty from the feds is the loss of a couple years of his salary from federal funds they would have otherwise gotten. He doesn't work for the feds, so they can't fire him. Non-federal employers might discipline or even fire someone who violated the Hatch Act, but, because Scott's elected, only a recall election would do it. Unlikely.

Here's an article on officer.com, an IA news site, explaining the investigation:

http://www.officer.com/online/article.jsp?siteSection=5&id=43619

The Hatch Act of 1939 regulates how certain government employees use their official authority in their private lives. Guglielmi said the Sheriff's Office would fall under the law's provision if it receives federal funding, a near certainty.

Scott potentially used his "official authority" to influence the outcome of an election, Guglielmi said. He could also face penalties for wearing his uniform or even driving his cruiser to the event.

. . . .

Guglielmi said OSC investigators would define what constitutes "official authority" and "influence," although he gave a hint:

"He's kind of a public official," Guglielmi said. "People respect him. When he stumps for an official candidate, it can be seen that he puts the weight of his office behind that."

Once investigators conclude the case, an independent board will determine a penalty if Scott is found guilty. On one extreme, the board could find for no punishment. On the other, they could call for Scott's dismissal.

Another penalty is the revocation of federal funds to the Sheriff's Office equivalent to two years worth of Scott's salary. The amount would total about $300,000.

BTW, I actually remembered a lot of this because in the 80's I worked as a seasonal ranger in the national parks, and we got a pretty thorough briefing on the Hatch Act. Talk about a memory for trivia...

Post a Comment

Advertisement
Please disable your adblocker!
Ads are how we pay the bills!

Subscribe

The Coffee House
TPMCafe's regulars

House Brew
From Your Cafe Editor

Special Guests
Big names and big brains

Special Features
Pressing topics and trends

Table for One
An expert's week-long talk.

All Reader Posts
TPM readers discuss.

Book Club Calendar

November 16-20

http://orbooks.com/files/going-rouge-small.jpg

Coming Soon



November 30-December 4



January 12-16



« Book Club ArchiveFull calendar »

Recent Reader Posts

All Reader Posts »





Masthead

Editor-in-Chief
Josh Marshall



Subscribe to TPMCafe's feed.
Subscribe to TPMCafe's reader blog feed.

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address