Montana Attorney General Austin Knudsen filed a formal complaint today with the U.S. Office of Special Counsel (OSC) against Secretary of Education Miguel Cardona, alleging misuse of government resources for political activities in violation of the Hatch Act. The complaint requests that OSC recommend Secretary Cardona's removal from his federal position.
Earlier this month, on at least two separate occasions, Cardona and an unidentified spokesperson allegedly used their official office to engage in political activity by criticizing Republican elected officials who opposed the Department of Education’s loan forgiveness program. The Hatch Act prohibits federal employees from engaging in political activity while on duty or using their official authority to influence election outcomes.
“The inferences are that Mr. Cardona consciously chose to use government resources for political activities, including to affect the upcoming Presidential election. In view of the repeated, flagrant violations of the Hatch Act, a significant penalty is warranted,” Attorney General Knudsen wrote. “We note that OSC has recommended a President’s senior advisor be removed from federal service for repeatedly violating the Hatch Act by making statements directed at the success of a President’s reelection campaign. OSC should follow that precedent here.”
Cardona sent a letter around July 15 to student loan borrowers using official email lists and Department of Education letterhead, stating: “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.”
Following this letter, on July 18, a Department of Education spokesperson made media statements aimed at affecting election results by contrasting the Biden Administration with its “Republican” opponents. “And we won’t stop fighting against Republican elected officials’ efforts to raise costs on millions of their own constituents’ student loan payments,” said the spokesperson.
Attorney General Knudsen had previously filed a lawsuit against the Biden-Harris administration’s student loan cancellation scheme in March, which was subsequently enjoined by a federal judge in Kansas.
Kansas Attorney General Kris Kobach joined Attorney General Knudsen in filing the complaint.