The attorneys general for Montana and Kansas asked the Office of Special Counsel on Thursday to probe Education Secretary Miguel Cardona for alleged Hatch Act violations and remove him from office.
The Hatch Act is a federal law that prevents executive branch employees from engaging in political activities while on official duty. The president and vice president are exempt.
Montana Attorney General Austin Knudsen and Kansas Attorney General Kris Kobach sent a letter Thursday to the OSC’s Hatch Act Unit, asking it to look into two statements made this month by Mr. Cardona and an unidentified spokesperson from the Education Department.
In the letter, they say Mr. Cardona’s email to student borrowers on July 15 took a swipe at Republicans opposing student loan forgiveness.
“Let me be clear: President Biden and I are determined to lower costs for student loan borrowers, to make repaying student debt affordable and realistic, and to build on our separate efforts that have already provided relief to 4.75 million Americans — no matter how many times Republican elected officials try to stop us,” wrote Mr. Cardona. “While we disagree with the Republican elected officials’ efforts here to side with special interests and block borrowers from getting breathing room on their student loans, President Biden and our administration will not stop fighting to make sure Americans have affordable access to the life-changing opportunities a higher education can provide.”
The GOP attorneys general point out that the spokesperson’s statement made to Politico and other media outlets was also partisan.
“Our administration will continue to aggressively defend the SAVE Plan — which has been helping over 8 million borrowers access lower monthly payments, including 4.5 million borrowers who have had a zero dollar payment each month,” the spokesperson said, according to the complaint.
“And we won’t stop fighting against Republican elected officials’ efforts to raise costs on millions of their own constituents’ student loan payments,” the spokesperson added.
Mr. Knudsen and Mr. Kobach said the statements violated the Hatch Act because they were partisan and made while on official duty.
“The statements were for the apparent purpose of affecting the outcome of the 2024 presidential election. The violations appear to be flagrant, such that a substantial penalty is warranted,” the letter read. “The inferences are that Mr. Cardona consciously chose to use government resources for political activities, including to affect the upcoming presidential election.”
They said precedent exists for the suggested removal of an official found to have violated the law.
A spokesperson from the Education Department didn’t immediately comment on the complaint.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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