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U.S. Attorneys: Laws, Rules, and Policies Governing Political Activities

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Report Type Reports and Testimonies
Report Date July 24, 2000
Report No. GGD-00-171
Subject
Summary:

U.S. Attorneys are prohibited from actively participating in Hatch Act partisan political activities. The Attorney General has sent policy memorandums and made restrictions similar to those imposed by statute on all federal employees before the Hatch Act Reform Amendments of 1993. For example, U.S. attorneys cannot speak at political functions or actively participate in fund-raising. With Department of Justice (DOJ) approval, they can attend fund-raisers and they can contribute to candidates, so long as their donation is not promoted. There have been no investigations of Hatch Act violations since 1995, according to DOJ officials. In January 2000, DOJ began tracking U.S. Attorney Office inquiries for advice and approval about issue-oriented political activities. In May 2000, DOJ revised the U.S. Attorneys' Manual to include DOJ approval before advocating passage or defeat of state or local legislation, the need to be sensitive to public perception of the proper role, and the limits of federal prosecutors. Over the years, Congress has restricted the use of federal funds for political activities.

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