Intro THANK LIKE WHEN FORMER PRESIDENT DONALD TRUMP WAS IN GRAND RAPIDS YESTERDAY. YOU SAW SOME SHERIFFS STANDING BEHIND HIM. >> SHOULD THEY HAVE BEEN THERE SHERIFF'S OFFICES RECEIVE FEDERAL FUNDS AND THE HATCH ACT LIMITS POLITICAL ACTIVITIES BY GOVERNMENT EMPLOYEES INVOLVED IN FEDERALLY FUNDED PROGRAMS NEWS EIGHT'S AMANDA PORTER SPOKE WITH THE LEGAL PROFESSOR Expert COOLEY LAW. AMANDA HAS A DEEPER DISCUSSION OF THE HATCH ACT APPLIES. I LISTEN TO THE MANY VIEWERS AND WANTED TO GIVE YOU A DIRECT ANSWER STRAIGHT FROM THE MOUTH OF ILLEGAL PROFESSOR. I TOOK THE QUESTION ABOUT LAW ENFORCEMENT STANDING BEHIND FORMER PRESIDENT DONALD TRUMP AND HIS RALLY YESTERDAY STRAIGHT TO COOLEY LAW PROFESSOR JEFF REIDY SWARTZ. HE TOLD ME THE OFFICERS STANDING BEHIND TRUMP OR NOT IN VIOLATION OF THE HATCH ACT. >> WERE THESE LAW ENFORCEMENT OFFICIALS STANDING BEHIND FORMER PRESIDENT DONALD TRUMP AT HIS RALLY IN VIOLATION OF THE HATCH ACT. MANY WATCHING WANTED TO KNOW. SO I INTERVIEWED COOLEY LAW PROFESSOR GEOFFREY DE SWART WHO SAYS THERE ARE A COUPLE ISSUES TO CONSIDER. NUMBER ONE WAS IF THEY WERE LAW ENFORCEMENT THAT WERE REGULAR STREET CARS ARE DETECTIVES ON DUTY FOR DONALD TRUMP'S PROTECTION DETAIL. >> INTO FORMER PRESIDENT IS PAYING FOR THEIR DUTY. TIME THEIR OFF-DUTY TIME PROVIDING PROTECTION FOR HIMSELF THROUGH HIS CAMPAIGN. THAT'S OKAY BECAUSE THEY'VE BEEN HIRED TO DO THAT DUTY BY THE CAMPAIGN. SECONDLY SORT EXPLAINED ABOUT REGULAR LAW ENFORCEMENT OFFICER SITTING IN THE CROWD BEHIND TRUMP. >> THAT DOES CREATE A PROBLEM UNDER THE HATCH ACT BECAUSE EVERY SINGLE LAW ENFORCEMENT AGENCY IN THIS COUNTRY RECEIVES FEDERAL FUNDS. >> SO THE ISSUE IS WHETHER THE DAY AS THE ULTIMATE RECIPIENT, FOR EXAMPLE, THEIR TOOLS AND OR THEIR WEAPONS, WHATEVER THEY MAY BE ARE PAID FOR BY THE FEDERAL GOVERNMENT. YOU HAVE TO LOOK TO SEE WHETHER THE PERSON WHO'S IN CHARGE OF THE DISPERSEMENT OF FEDERAL FUNDS IS THERE IN THAT PERSON? IS THERE THAN IT REALLY IS. A PROBLEM VAN BUREN COUNTY SHERIFF DAN ABBOTT AND ALLEGAN COUNTY SHERIFF FRANK BAKER FOR BOTH AT THE NEWS CONFERENCE. >> ELECTED OFFICIALS LIKE SHERIFF'S SWARTZ SAYS ARE EXEMPT. BECAUSE THEY'RE AN ELECTED OFFICIAL. >> AND THEREFORE UNDER THE HATCH ACT RESTATE OFFICER OR A STATE EMPLOYEE. BUT BECAUSE THEY ARE PARTISAN ELECTED OFFICIAL. THEY ARE NOT COVERED UNDER THE HATCH ACT. >> THE GOVERNOR ISN'T COVERED UNDER THE HATCH ACT OR MANY OTHER STATE LEADERS. >> LIEUTENANT GOVERNOR, THE ATTORNEY GENERAL ARE ALL NOT COVERED UNDER THE HATCH ACT. SOME OTHER OFFICE HOLDERS MAY BE IF THEY ARE INVOLVED IN AGAIN, RECEIVING FEDERAL OR DISPERSING FEDERAL THERE ARE OTHER STATE OFFICIALS WHO ARE ALSO EXEMPT UNDER THE HATCH ACT. PEOPLE WHO ARE WHO ARE NOT GLASS OF WINE UNDER THE STATE MUNICIPAL MARRIAGE OR CIVIL SERVICE SYSTEM. I CAN ALSO BE EXEMPTED DEPENDING UPON WHETHER THEY WORK FOR AN EXECUTIVE DEPARTMENT OR NOT POLITICS. OF COURSE, CAN BE CONFUSING. BUT THE ANSWER IS NO. THEY'RE ENGAGED. THEY'RE NOT COVERED UNDER THE HATCH ACT FOR THE FORMER PRESIDENT EVEN THOUGH HE RECEIVES A PENSION AND FEDERAL FUNDS TO RUN HIS OFFICE AND HIS PROTECTION DETAIL. >> SWARTZ SAYS GENERALLY SPEAKING, YOU DON'T NORMALLY SEE PEOPLE CHARGED UNDER THE HATCH ACT FOR JUST BEING AT AN EVENT LIKE A RALLY. IT'S IMPORTANT TO REMEMBER THAT THE FORMER PRESIDENT OF THE UNITED STATES IS NOT A FEDERAL OFFICER. IT IS NOT A PART OF THE FEDERAL GOVERNMENT. THE PEOPLE AROUND TRUMP ALSO WERE PART OF THE FEDERAL Statement GOVERNMENT. SO THE HATCH ACT DOESN'T COVER THEM. NOW THE ALLEGHENY COUNTY SHERIFF FRANK BAKER AND PROSECUTING ATTORNEY MAUREEN COOK RELEASED A STATEMENT EARLIER TODAY READING IN PART I DEEPLY APPRECIATE PRESIDENT TRUMP TAKING THE TIME TO MEET WITH PROSECUTOR COOK SHERIFFS AND SEVERAL LEGISLATORS TO DISCUSS WAYS TO MAKE OUR COMMUNITY SAFER. WE HAD A GREAT DISCUSSION ABOUT HOW OUR UNSECURED BORDER IS ALLOWING THE TRAFFICKING OF ILLEGAL DRUGS INTO OUR COUNTRY. I WAS ABLE TO SPEAK WITH HIM ABOUT THE IMPACT METHAMPHETAMINE AND FENTANYL IS MAKING ON OUR COMMUNITIES BAKER SAID.