Republican AGs accuse Education Secretary Cardona of violating Hatch Act

Two Republican attorneys general on Thursday accused Education Secretary Miguel Cardona of violating the Hatch Act, and recommended that the U.S. Office of Special Counsel (OSC) remove him from his position.  

The Hatch Act, which bans federal employees from partaking in certain partisan political activities while in office, was passed in 1939. Its purpose is to "ensure that federal programs are administered in a nonpartisan fashion." 

Montana Attorney General Austin Knudsen and Kansas Attorney General Kris Kobach claimed Cardona violated the act by making partisan political statements twice this month, and used government resources for  political activities.

The first alleged violation occurred on July 15 in a letter from the secretary to student loan borrowers, according to The Hill. The pair claimed that Cardona used partisan language by specifying the fact that Republicans were fighting against the Biden administration's efforts to lower and forgive student loans. 

“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,” Cardona wrote in the letter.

The second alleged violation was technically committed by an Education Department spokesperson on July 18, when they claimed the Biden administration "won’t stop fighting against Republican elected officials’ efforts to raise costs on millions of their own constituents’ student loan payments.”   

The pair said that the alleged violations were committed to sway the 2024 presidential election, and that Cardona should be removed from office based on precedent.

"In view of the repeated, flagrant violations of the Hatch Act, a significant penalty is warranted,” 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.” 

The Education Department has stood by the statements, asserting that the comments were factual and accurate in their contexts, and were made to avoid potential confusion by student loan borrowers. 

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.