His lobbying efforts appear to violate The Hatch Act and Department of Defense Directive 1344.10
On Monday, February 24th, Montana's Adjutant General, Major General Hronek, provided the state's House Energy, Technology, and Federal Relations committee members a tour of National Guard Aviation facilities in Helena and took them on a helicopter flight. This visit was coordinated with the committee's Chairman, Representative Gary Parry of Colstrip. Sources informed the Sentinel that Hronek had dinner with Parry to discuss the visit and to tell Parry that the impending legislation would imperil National Guard bases and funding in Montana.
The visit was described in an internal email (below) between the legislature and members of the National Guard as an opportunity to "better inform the committee of the Montana National Guard and its work." However, the visit was apparently timed so Hronek could lobby the committee because they will hear testimony concerning House Bill 404, deemed the "Defend the Guard Act," on February 26th.
The bill is short and straightforward. It requires the U.S. Congress to declare war before Montana's Governor can release the state's National Guard to overseas combat missions. The U.S. Constitution requires that Congress declare war before the President can operate as a wartime Commander-in-Chief. This requirement is codified in Article I, Section 8, and has never been modified or removed. This bill would allow the Governor to ensure the constitution is followed while also allowing National Guard members to deploy overseas for training under Title 10 federal funding or be federalized under the same title for stateside duties. Most of the time, the National Guard is funded under Title 32, which uses federal funding to help maintain readiness. Hronek is funded under Title 10 as a member of the Active Guard and Reserve (AGR) component. The specifics of the bill are covered extensively HERE.
Advocates for the bill are concerned that numerous Montana National Guard members would like to attend the hearing and support the bill as proponents. However, according to sources close to the Sentinel, they were pressured not to do so in or out of uniform even though Hronek intends to appear in uniform and lobby against the bill. In other states, National Guard members are highlighting the same concerns. They are dismayed by the lack of leadership and double standard this presents.
The Adjutant General lobbied against HB527 during the 2023 session, essentially the same bill as HB404.
His uniformed appearance seems to violate the clear language in Department of Defense Directive 1344.10 and The Hatch Act. The directive and the act are in place to ensure political activities are not engaged in while in uniform or when not in uniform if it is clear the member is representing, in this case, the Department of Defense.
Here are some critical excerpts from the directive (All highlights are the authors):.
"This Directive applies to the Office of the Secretary of Defense, ..........members of the National Guard, even when in a non-Federal status. Other provisions apply to members of the National Guard while on active duty, which, for purposes of this Directive only, also includes full-time National Guard duty." [Author highlights]
"A member of the Armed Forces on active duty may:
Register, vote, and express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces."
"A member of the Armed Forces on active duty shall not:
Use official authority or influence to interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others."
"Activities not expressly prohibited may be contrary to the spirit and intent of this Directive. Any activity that may be reasonably viewed as directly or indirectly associating the Department of Defense or the Department of Homeland Security (in the case of the Coast Guard) or any component of these Departments with a partisan political activity or is otherwise contrary to the spirit and intention of this Directive shall be avoided."
Advocates across the state are calling out the flagrant violations and will likely lodge a complaint with the Commissioner's Office for Political Practices (COPP).
Calls to the National Guard Public Affairs Office went unanswered.
- Defend The Guard Bill, H.B. 404, Gains Momentum In Montana
- Defend the Guard And the Constitution - House Bill 404 Deserves Our Support
- Defend The Guard Legislation Reintroduced In Montana's Legislature
- Montana's Guard Exists to Protect Montana First
All five pictures immediately above are from the author who watched the entire event.
Below are two examples of anonymous letters produced by National Guard members across Montana.
