Rep. Darrell Issa, R-Calif., the ranking member of the House Oversight Committee, wrote in letters to William Reukauf, the acting U.S. special counsel, that the statements by the White House and the two candidates involved – Rep. Joe Sestak, D-Pa., and former Colorado House Speaker Andrew Romanoff – are "prima facie" evidence of violations.
The act prohibits "the use of official authority or influence by federal employees for the purpose of interfering with or affecting the result of an election," Issa's letters dated yesterday – one referring Emanuel and one referring Messina – explained.
"In the White House's June 3, 2010, public statement, Mr. [Robert] Gibbs claimed that clearing the field for a candidate preferred by the White House was not problematic because 'there was no offer of a job.' There is evidence to the contrary," wrote Issa.
"Additionally, a finding of a Hatch Act violation does not require that a job was formally offered; any use of official authority by a restricted federal official to interfere with or affect the outcome of anelection is unlawful," he wrote.
The U.S. Office of Special Counsel is an independent federal investigative and prosecutorial agency, Issa's statement explained.
The letter about Sestak said evidence of a violation came from White House Counsel Robert Bauer and Sestak himself.
Sestak reported the White House job offer came in July as he was preparing to formally announce his Senate candidacy in August.
Sestak's account "is prima facie evidence that an individual in the White House violated the Hatch Act's prohibition against using official authority or influence for the purpose of interfering with or affecting the result of anelection," Issa's letter said.
Further, the facts later were confirmed by the White House, Issa charged.
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