Turns out right-wingers have once again been led on a wild goose chase:
From the Hatch Act:
SEC. 3. It shall be unlawful for any person, directly or indirectly, to promise any employment, position, work, compensation, or other benefit, provided for or made possible in whole or in part by any Act of Congress, to give consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in any election.
Since the position offered, which was an advisory position on the President's Intelligence Advisory Board, was not in fact "made possible in whole or in part by any Act of Congress" (the IAB was created by presidential executive order during the Ford administration), no law has been broken.
In addition, section 9, which would be the other applicable section contains an exception for the President himself and his cabinet. To wit:
SEC. 9. (a) It shall be unlawful for any person employed in the executive branch of the Federal Government, or any agency or department thereof, to use his official authority or influence for the purpose of interfering ;with an election or affecting the result thereof. No officer or employee in the executive branch of the Federal Government, or any agency or department thereof, shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects. For the purposes of this section the term "officer" or "employee" shall not be construe to include (1) the President and the Vice Presdent of the United States; (2) persons whose compensation is paid from the appropriation for the office of the President;
Check and mate.
Not exactly check or mate. That's a very easy thing to say after the nature of the offer has been stated. No one had this little piece of the puzzle, so to speak, before today. You write that as if you knew it all along. You didn't.
That Gibbs could easily have said it was an advisory position weeks ago - but didn't, or wouldn't, or maybe
couldn't for some still inexplicable reason, still calls into question this WH's claims to transparency and is an example of very poor political direction.
It looks like they dodged this one, but it should never have gone this far.