Earlier this month, the U.S. Office of Special Counsel (OSC) released findings from an investigation determining that Secretary of the Navy Carlos Del Toro violated the Hatch Act in January. While on official agency (taxpayer-funded) business in London, Del Toro remarked, “The United States and the world need the mature leadership of President Biden.” He added, “We cannot afford to have a president who aligns himself with autocratic dictators and rulers whose interpretation of democratic principles is suspicious (at) best.”

The Hatch Act prohibits U.S. officials from “us[ing] [their] official authority or influence for the purpose of interfering with or affecting the results of an election.” Violating it can lead to removal from federal service, debarment from federal service for a period not to exceed five years, suspension, or a civil penalty of up to $1000.

Despite admitting his guilt, Secretary Del Toro has yet to face punishment, and it is far from clear that he will.

This is especially noteworthy since the Department of Defense’s stance on political neutrality in coordination with the Hatch Act is very strict and clear. In a directive issued just this past July, Secretary Del Toro himself underscored the importance of remaining apolitical, stating, “‘It is more important than ever for us to remember that the [Department of the Navy] is an apolitical body...Public trust and confidence depend on this.’”

Indeed, but can the public trust Secretary Del Toro? In response to the investigation, he initially refused to acknowledge the violation, dismissing his comments as “spontaneous” and downplaying their impact by noting a limited American audience. It wasn’t until he faced more pressure and scrutiny that he finally apologized, stating that he had “learned from this experience” and that both he and his staff had received “additional Hatch Act training.” One has to feel some measure of sympathy for Secretary Del Toro’s staff subjected to additional training, given that none of them were responsible for the Hatch Act violation.

If a leader within the Department of Defense cannot follow the basic principles of neutrality he has previously championed, how can we expect the rest of the institution to uphold its commitment to serving the country above partisan interests? The White House has not yet stated whether there will be any consequences for the violation.

Secretary Del Toro’s time would have been better spent focused on fixing the naval shipbuilding problems that have grown worse under his tenure. Secretary Del Toro testified in front of the House Appropriations Defense Subcommittee just last month on the newly revealed cost shortfalls for the Virginia-class submarine program, which has a $1.95 billion shortfall currently and a projected $17 billion shortfall over the next six years. Secretary Del Toro’s excessively combative testimony at the hearing was not helpful, and the frustration from Congress is more than understandable.

The American people need a large and capable Navy to defend the security interests of the United States. They deserve Department of Defense civilian leadership that prioritizes revitalizing our broken shipbuilding industry.

Secretary Del Toro’s recent Hatch Act violation serves as a clear example of the increasing politicization of the military under the Biden-Harris administration and the resulting distraction from the real issues plaguing our military. Rather than focusing on politics ahead of the election using taxpayer dollars, Secretary Del Toro and the administration should prioritize pressing defense needs, such as improving procurement in warships, aircraft, and munitions, addressing recruitment shortages, modernizing the fleet, and expanding public shipyards. This kind of politicization has no place in the Department of Defense.