Memorandum of President of the United States, Oct. 24, 1994, 59 F.R. 54121, provided:
Memorandum for the Secretary of State: Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and section 301 of title 3, United States Code, I delegate to you the authority to limit the political activities of political appointees of the Department of State, including Presidential appointees, Presidential appointees with Senate confirmation, noncareer SES appointees, and Schedule C appointees.
Under 3 FAM 4546 LIST OF DISCIPLINARY OFFENSES AND PENALTIES, the penalty for #12. improper political activity (5 U.S.C. 7321, et seq.) is suspension or removal.
Oh. But … but see, this only apply to some people, not all people.
Apparently, four sets of lawyers are saying no rules apply to Mike Pompeo because he will be speaking in his private capacity and because no DOS resources will be used? Where is he going to deliver his address, in a tent? Oh, a rooftop. They better have the seal of Embassy Jerusalem or we won’t know where he is. Are they’re allowed to borrow it? Hey, we all know this is not really a question of resources. Also the secretary of state is secretary of state 24/7. There is no such thing as personal capacity in that job whether he likes it or not. That’s just the reality of it.
Although if you were writing Pompeo’s EER since he got to Foggy Bottom, and you did not expect this, you were not paying attention.
Now, wouldn’t it be nice to see those legal opinions by the best people? We’re guessing they’re going to tell us it’s not/not expressly prohibited so it must be A-okay …. or the presidential memo doesn’t specifically mention cabinet secretaries … or it’s old, that presidential memo oh, so old …. or the memo was issued by a president who had been impeached, imagine that?! Oh, wait, maybe not that. Ah, we get it, the memo doesn’t spell out that Michael R. Pompeo, the 70th secretary of state is not/not allowed to deliver a speech at the Republican National convention from Jerusalem. Their bad for not anticipating this. Yes, of course. That must be it.
Secretaries of State have tended to avoid conventions to keep from mixing nat’l security & politics—believing it potentially endangers the country. Per @jonathanvswan reporting, Mike Pompeo won’t just address GOP convention, but will do so from *Jerusalem* https://t.co/EWDZm0GwW3
— Edward-Isaac Dovere (@IsaacDovere) August 23, 2020
.@statedept on @SecPompeo's address to RNC: "Secretary Pompeo will address the convention in his personal capacity. No State Department resources will be used. Staff are not involved in preparing the remarks or in the arrangements for Secretary Pompeo's appearance."
— Matt Lee (@APDiploWriter) August 23, 2020
Pompeo’s RNC speech will be a pre-recorded message delivered from a rooftop in Jerusalem, says a source familiar with the RNC planning. A private video crew paid from by RNC will record it. It’ll be tight, ~4 mins long.
— Kylie Atwood (@kylieatwood) August 24, 2020
.@SecPompeo tweeting on his personal account about his RNC speech Tuesday night. He would be the 1st sitting SecState in memory (if ever) appearing at a political convention, a long tradition of America’s top diplomats abstaining from politics. https://t.co/pyUT79yhWt
— Andrea Mitchell (@mitchellreports) August 24, 2020
More than 4 hours ago, I pondered that @SecPompeo in the guise of @mikepompeo would give his RNC remarks from Jerusalem. @jonathanvswan reports that is fact the case. As @realDonaldTrump said this is for Evangelicals not Jewish community…
— Wendy R. Sherman (@wendyrsherman) August 23, 2020
“His lawyer, the State Department lawyers, RNC lawyers, White House lawyers have all worked on his appearance to make sure it is completely lawful and appropriate, including screening and approving all of his remarks. They have all signed off on this.” https://t.co/F02A20zfzH
— Michael Wilner (@mawilner) August 23, 2020
Secretary of State Mike Pompeo is set to speak at the Republican convention this week.
Hillary Clinton did not speak in 2012 and John Kerry did not speak in 2016, per @mikememoli.
— JM Rieger (@RiegerReport) August 23, 2020
— The Onion (@TheOnion) October 2, 2019