The Trump Cabinet and key post thread (3 Viewers)

[superchuck500]

Surely to be a clown show. We know that RFK certainly thinks he’s getting nominated for HHS, which includes FDA.

 

[cuddlemonkey]

Can POTUS extend the Hatch Act to you?

Yes. If you had read what I posted, you would have seen that the Delegation of Authority memorandum refers to two rules: 5 CFR 734.104 and Title 3, Section 301.

5 CFR 734.104 says:

"734.104 Restriction of political activity.

No further proscriptions or restrictions may be imposed upon employees covered under this regulation except:

(a) Employees who are appointed by the President by and with the advice and consent of the Senate;"

Title 3 Section 301 says:

"The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part."

So, according to this, the regulations governing Hatch Act allow the president to impose further restrictions on certain employees, including those passed with the advice and consent of the Senate (5 CFR 734.104), and POTUS has the authority to delegate authority granted to themselves (Title 3 Section 301).

Federal Register :: Request Access

www.ecfr.gov

https://uscode.house.gov/view.xhtml?req=(title:3%20section:301%20edition:prelim)