Energy and Commerce Ranking Member Frank Pallone, Jr. (D-NJ) and Subcommittee on Communications and Technology Ranking Member Mike Doyle (D-PA) sent a letter to the Office of Special Counsel today requesting an investigation into all three Republican Federal Communications Commission (FCC) Commissioners regarding their involvement with the 2018 Conservative Political Action Conference (CPAC).
“We write to request that you investigate all three Republican FCC Commissioners regarding their involvement with the 2018 Conservative Political Action Conference," Pallone and Doyle wrote to the Office of Special Counsel. “In addition to your finding last week that Commissioner Michael O’Rielly did in fact violate the Hatch Act during his appearance at CPAC, the three Republican FCC Commissioners have also refused to cooperate with Congressional oversight into their promotion of and participation in CPAC."
In March, Pallone and Doyle asked the Republican Commissioners about their decision to attend CPAC, including whether they sought advice from FCC ethics officials before participating in CPAC and allowing organizers to use their names and photos to promote the event. However, the Republican Commissioners declined to respond directly and instead the FCC General Counsel replied in a letter that was both non-responsive and appeared to misunderstand the Hatch Act.
“A recent letter from the FCC’s General Counsel demonstrates a fundamental misunderstanding of the application of the Act, which may help explain a recent increase in political activity among the Republican FCC Commissioners," the Democrats continued. “We therefore additionally request that your office consider conducting training sessions at the FCC to help employees better understand how to comply with the Hatch Act."
In their letter, Pallone and Doyle note that the General Counsel’s letter was insufficient for three reasons. First, it was legally misleading because the General Counsel selectively quoted sections of the Special Counsel’s Hatch Act guidance, leaving out sections directly relevant to the Commissioners’ actions. Second, it was factually misleading in its failure to mention that Commissioner O’Rielly made prohibited partisan political remarks. Third, the letter was incomplete because it failed to address a number of the questions from Pallone and Doyle, and provided no documentary evidence supporting its assertions.
“These actions raise serious concerns about whether the Chairman and Commissioners’ may have knowingly violated ethical restrictions. We hope you will assist us in this investigation," the Democrats wrote.
