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Judicial Watch • OSC Complaint re Violation of Hatch Act by Messina and Emanuel

OSC Complaint re Violation of Hatch Act by Messina and Emanuel

OSC Complaint re Violation of Hatch Act by Messina and Emanuel

Page 1: OSC Complaint re Violation of Hatch Act by Messina and Emanuel


Number of Pages:16

Date Created:June 15, 2010

Date Uploaded to the Library:May 22, 2014

Tags:romanoff, Bennet, Messina, OSC, Sestak, Emanuel, primary, Ritter, hatch, Act, Violation, bauer, Republican, democratic, political, exhibit, Friday, colorado, senate, White, AGENCY, complaint, president, Obama, White House, State Department, FBI

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Because one above the law! 
June 15, 2010 
William Reukauf, Esq. Associate Special Counsel Hatch Act Unit 
U.S. Office Special Counsel 1730 Street, N.W., Suite 218 Washington, 20036-4505 
Re: 	Complaint Alleging Violation the Hatch Act Federal 
Employees Jim Messina and Rahm Emanuel 

Dear Special Counsel Reukauf: 
Judicial Watch, Inc. non-profit educational foundation that dedicated promoting transparency, integrity, and accountability government and fidelity the rule law. Judicial Watch, which has over 600,000 supporters, has sixteen-year record com batting government corruption. 
Judicial Watch, the public interest, hereby files this complaint and requests investigation pursuant U.S.C.  1216(a)(l) into violations the Hatch Act U.S.C.  7321-7326) federal employees Jim Messina and Rahm Emanuel. widely reported the media, White House chief staff Rahm Emanuel and deputy chief staff Jim Messina, behalf the Obama Administration, have both used their position and influence highly placed federal employees affect the outcome federal elections direct violation the Hatch Act, which states that employee may not "use his official authority influence for the purpose interfering with affecting the result election."1 See U.S.C.  7323(a)( I). 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 
FAX: (202) 646-5199 Email: 

William Reukauf Esq. June 15, 2010 Page 
Such activities prohibited the statute include, but are not limited to: 
(1) Using his her official title while participating political activity; [and] (2) Using his her authority coerce any person participate political activity .... 
Political activity defined "an activity directed toward the success failure political party, candidate for partisan political office, partisan political group."3 

Colorado Senator Ken Salazar was nominated for and confirmed U.S. Secretary Interior. Because was serving senator the time his appointment, Colorado Governor Bill Ritter, under Colorado law, appointed Michael Bennet fill the seat. The next election for the seat previously occupied Mr. Salazar will occur November 2010. According The Colorado Independent, August 29, 2009, Mr. Romanoff was planning challenge Senator Bennet the 2010 Primary for the Senate seat.4 September 11, 2009, White House deputy chief staff Jim Messina spoke with Andrew Romanoff. According The Washington Post, during the conversation, Mr. Messina suggested that Mr. Romanoff might better use his time the U.S. Agency for International Development instead seeking election the U.S. Senate. Subsequent the conversation, Mr. Messina emailed three executive branch positions Mr. Romanoff. The positions were Deputy Assistant Administrator for Latin America and Carri bean, TAD, Director, Office Democracy and Governance, AID, and Director, U.S. Trade and Development Agency, USTDA.5 response the email, The 
Washington Post reports that Mr. Romanoff left voice mail message for Mr. Messina informing him that Mr. Romanoff would continue his Senate campaign. September 17, 2009, Mr. Romanoff officially announced his candidacy for the U.S. 
Senate.6 See C.F.R.  734.302(b). See C.F.R.  734.101. 

William Reukauf Esq. 
June 15, 2010 Page 
White House Chief Staff Rahm Emanuel May 27, 2009, U.S. House Representatives member Joe Sestak told CNN that intended challenge Senator Arlen Specter the Pennsylvania democratic primary 2010. According Robert Bauer, White House Counsel, "efforts were made June and July 2009 determine whether Congressman Sestak would interested service Presidential other Senior Executive Branch Advisory Board,
which would avoid divisive Senate primary."
Moreover, "White House Chief Staff [Rahm Emanuel] enlisted the Support former President Clinton" raise the executive branch positions with Congressman Sestak. After saying that was not interested such positions, August 2010, 
8Mr. Sestak officially announced his candidacy for the U.S. Senate.
Both Mr. Messina and Mr. Emanuel violated the Hatch Act. Both used their official authority for the purpose affecting the result election. Mr. Messina used his position White House deputy chief staff offer three positions Mr. Romanoff exchange for Mr. Romanoff not seeking election the U.S. Senate. Such action was directed toward the success Senator Bennet, who was candidate for partisan political office. Similarly, Mr. Emanuel used his position White House chief staff offer, through former President Clinton, executive agency positions Congressman Sestak exchange for Congressman Sestak not seeking election the 
U.S. Senate. Such action was directed toward the success Senator Specter, who was candidate for partisan political office. 
The Office Special Counsel specifically authorized investigate and charge employees the federal government for violations the Hatch Act. employee 
Messrs. Messina and Emanuel alleged herein. U.S.C.  7326. 

William Reukauf, Esq. June 15, 2010 
Thank you for your prompt attention this matter. 

Thomas Fitton President 
By: Fax (w/o Exhibits) and Mail 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Email: 


Wally Stealey, longtime lobbyist and political mover Pueblo, said Romanoff called him Friday morning tell him had decided run. 
"If I'd have had choice, I'd have him running against Ritter," Stealey said. "But didn't get choice. That doesn't matter. You don't always get your choice politics." 
The Post's Michael Riley and Christopher Osher report that Romanoff supporters had urged the 43-year-old Denver Democrat challenge Democratic Gov. Bill Ritter primary, building discontent with the first-term governor's veto two bills backed organized labor. But, according sources the Post didn't 
including Romanoff. 
Stealey said Bennet's early fundraising advantage -mostly raised from out-of-state donors --could disappear once Romanoff tapped disgruntled Democrats and labor groups, described "eager funnel money toward primary challenge." 
Stealey said early feelers that has made suggest there "$1.5 million out there that's real early money" that Romanoff will pick up. 
Bennet, who had never run for elective office before winning the Senate appointment from Ritter, vastly outpaced potential Republican rivals with strong fundraising during the first two quarters this year, raking more than $2.6 million. 
Among announced GOP candidates, Weld County District Attorney Ken Buck, who 
next week, raised $330,000, followed Aurora City Councilman Ryan Frazier, who took Buck's withdrawal could come just week after of7 6/15/2010 9:25 

Pueblo politico confirms Romanoff plans mount challenge Bennet... 


Progressive Politics Keeping the right wrong of7 


From: Messina, Jim (e-mail address redacted) 
Date: Fri, Sep 11, 2009 3:24 
To: Romanoff, Andrew (e-mail address redacted) 

Deputy Assistant Administrator for Latin America and Caribbean, USAID one five geographic bureaus the Agency and major contributor the broader U.S. foreign policy objectives the region, the Bureau for Latin America and Caribbean (LAC) promotes stable democracies, prosperous economies, secure borders, and cooperative neighbors the Western Hemisphere. The LAC Bureau taking proactive approach maximizing the impact foreign assistance and continuing its efforts transform and improve business operations that support Agency-wide reforms. line with the new Foreign Assistance Framework, priorities include consolidating democracy, fostering growth through free trade and business opportunities, investing people through education and health, and enhancing security promoting alternatives illegal drug cultivation. Additionally, the Bureau implementing number highly visible programs the Western Hemisphere, including support for the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA); the Andean Counter-Narcotics Initiative; the Global Fund Fight Aids, Tuberculosis, and Malaria; and the recommendations for the Presidential commission for Assistance Free Cuba. 
This position reports the Assistant Administrator for Latin America and the Caribbean. The position functions advisor the Assistant Administrator, LAC. The position responsible for oversight and general management one more LAC Bureau offices. 
Director, Office Democracy and Governance, USAID 
The Director the chief operations officer the Office and principal advisor senior Bureau and USAID management defining the scope and objectives the Agency's and the Administration's initiatives support democracy and foster good governance. Activities the Director include oversight for all staffing and personnel functions the Office, well oversight technical officer recruitment, selection, and placement, and direct supervision the senior democracy and governance advisors for the Agency. The Director provides program definition, design and oversight, and evaluation for 
USAID's democracy and good governance programs and serves senior advisor the administration for developing democracy and good governance program strategies. The Director supports democracy and good governance programs all parts the Agency and leads the development strategic approaches democracy support and good governance. The Director represents the Agency the senior level with other U.S. Government departments and agencies, with senior officials foreign governments, with senior political officials from host countries, and with senior officials U.S. implementing organizations. This position reports the Assistant Administrator for Democracy, Conflict and Human Rights (OCHA). 
Director, U.S. Trade and Development Agency (USTDA) 
USTDA was first created part USAID through the Foreign Assistance Act 1961 and made independent 1991. Their stated mission "advance economic development and U.S. commercial interests developing and middle-income countries." Unlike Ex-Im OPIC and other international development agencies, USTDA does not directly finance exports and development. Instead, the agency seeks achieve its mission making small grants fund feasibility studies, reverse trade missions, conferences, trainings, and other technical assistance programs that link U.S. companies overseas development projects. With budget $55.2 million (FY 2010) and staff professionals (48 full-time, contractors and foreign-service nationals), USTDA's success dependent being able seek out new opportunities, leverage its private and government relationships, and find development opportunities for both private business and larger federal foreign assistance/development agencies. testament USTDA's success its ratio grant dollars spent versus dollars exports created, which nearly 1:35. This position requires Senate confirmation. 


Senate candidate says White House discussed jobs ... 
Senate candidate says White House discussed jobs PHILIP ELLIOTT The Associated Press Thursday, June 2010; 12:08 
WASHINGTON --One President Barack Obama's top advisers suggested Colorado Democrat that forgo primary challenge Sen. Michael Bem1et and instead apply for one three international development jobs. 
The disclosure came just days after the White House admitted orchestrating job offer the Pennsylvania Senate race with the similar goal avoiding messy divisive Democratic pnmary. 
The back-room deals -former President Bill led the Pennsylvania effort and White House deputy chief staff Jim Messina worked with former Colorado House Speaker Andrew Romanoff called into question Obama's repeated promises run open government. 
Romanoff said statement Wednesday night that was contacted Messina last fall and told that the White House would support Bennet the primary. When said would seek the nomination anyway, Messina "suggested three positions that might available were not pursuing the Senate race," Romanoff said. "He added that could not guarantee appointment any these positions." 
Romanoff added: "At time was promised job, nor did request Mr. Messina's assistance obtaining one." 
Earlier Wednesday, White House official insisted nothing inappropriate illegal took place but didn't provide the details Romanoff offered his statement and copy e-mail had received from Messina. 
"Mr. Romanoff was recommended the White House from Democrats Colorado for position the administration," White House deputy press secretary Bill Burton said. "There were some initial conversations with him, but job was ever offered." 
Yet even the appearance trading taxpayer-funded jobs ease ally's political path left questions for administration that was the most transparent history. 
Messina, tough-minded veteran Senate politics and one the president's best fixers, spoke with Romanoff Sept. 11, 2009, and suggested that Romanoff might better use his time the U.S. Agency for International Development. of3 6/14/2010 3:51 

Senate candidate says White House discussed jobs content/ article/20 0/06/02/ ... 
Messina sent Romanoff job descriptions for three positions: administrator for Latin America and Caribbean; the chief the Office Democracy and Governance; and the director the U.S. Trade and Development Agency. 
Romanoff said later left message Messina's voice mail saying would continue his Senate campaign. 
The Colorado episode follows similar controversy Pennsylvania. embarrassed White House 
admitted last Friday that turned Clinton last year approach 
Joe Sestak about backing out 
the primary favor unpaid position federal advisory board. 
Sestak declined the offer and defeated Sen. Arlen late last month for the Democratic 
nomination after disclosing the job discussions. His supporters highlighted evidence Sestak's antiestablishment political credentials. said last week rejected Clinton's feeler less than minute. two-page report the Sestak case, the White House counsel said the administration did nothing illegal unethical. 
Republicans have strongly criticized the offer Sestak and challenged the White House's ethics. 
"Just how deep does the Obama White House's effort invoke Chicago-style politics for the purpose manipulating elections really go?" said 
Darrell Issa, California Republican who unsuccessfully 
sought Justice Department investigation into Sestak and showed sign slowing. 
"Clearly, Joe Sestak and Andrew Romanoff aren't isolated incidents and are indicative culture that embraces the politics-as-usual mentality that the American people are sick and tired of. Whatever the Obama brand use stand for has been irrevocably shattered the activities going inside Barack Obama's White House," Issa said. 
Unlike Sestak, Romanoff had ducked questions the subject until issuing his statement Wednesday night. Also unlike Sestak, Romanoff was out office and looking for his next act after being forced from his job because term limits. 
Romanoff had sought appointment the Senate seat that eventually went Bennet, publicly griped had been passed over and then discussed possible appointment possibilities inside the administration, one the officials said. 
After being passed over for the Senate appointment, the out-of-power Romanoff made little secret shopping for political job. Romanoff also applied Colorado secretary state, job that came open when Republican Mike Coffman was elected Congress. Gov. Bill Ritter again appointed replacement, and again passed over Romanoff. 
Next, according several Colorado Democrats speaking condition anonymity discuss internal negotiations, Romanoff also approached Ritter about being Ritter's running mate for Ritter's re-election bid. was only after that attempt failed, the Colorado Democrats said, that Romanoff joined the Senate contest. 
Romanoff still wasn't settled the Senate race. When Ritter announced January that wouldn't seek second term after all, Romanoff publicly talked about leaving the Senate race seek the governor's office, though ended staying the Senate contest. of3 6/14/2010 3:51 
Senate candidate says White House discussed jobs ... 
Bennet has outpaced Romanoff fundraising and support from Washington, although party activists attending the state party assembly last month favored the challenger margin percent percent. The primary Aug. 10. 
Bennet was appointed Ritter fill out the final two years the term Ken Salazar, who resigned become interior secretary. 

Associated Press writers Kristen Wyatt and Ivan Moreno Denver contributed this report. 
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 2010 The Associated Press of3 6/14/2010 3:51 


White House admits effort to keep Sestak out Senate race 

White House admits effort keep Sestak out 
Senate race Alan Silverleib, CNN STORY HIGHLIGHTS NEW: Sestak says Clinton spol