'That's funny': Expert swiftly knocks down Republican's DOJ complaint against Harris

A Florida congressman fired off a letter to the Justice Department this week accusing Vice President Kamala Harris of violating federal law — but a legal expert pointed out he apparently didn't understand a simple aspect of how that law works.

Specifically, Rep. Cory Mills (R-FL) — who has previously generated controversy by suggesting the Secret Service "set up" Trump to be assassinated — is asking Attorney General Merrick Garland to investigate whether Harris violated the Hatch Act, a restriction on political campaigning from public office, when she delivered a press conference attacking former President Donald Trump over newly revealed remarks in which he demanded U.S. generals be more like the military command of Adolf Hitler.

“In Federal law it is a crime for any federal officer or employee to ‘use his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives,'” wrote Mills. “As Attorney General you answer to the President, but your oath is to the Constitution and the laws of the United States. I ask that you investigate today’s question-less ‘press conference’ as it appears to be a direct use of official authority to affect the upcoming election. Given the proximity to the election, the American people deserve timely answers.”

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There's a problem with that, national security attorney Bradley Moss pointed out on X.

"That’s funny. She is exempt, just like Trump was in 2020," retorted Moss.

The Hatch Act exempts the vice president. Under the statute, covered "employees" are defined as "any individual, other than the President and the Vice President, employed or holding office in (A) an Executive agency other than the Government Accountability Office; or (B) a position within the competitive service which is not in an Executive agency."

It has long been recognized that the two individuals in the executive branch who are actually running for political office are allowed to campaign from office, and it is common practice, with Trump himself giving numerous campaign-oriented press conferences as president.

Despite this, the Hatch Act frequently comes up with lower-level executive officials. Trump's former adviser Kellyanne Conway was found to have violated the law by criticizing Democratic presidential candidates while speaking on TV in her official capacity.