GOP attorneys general allege Education secretary violated Hatch Act

The GOP attorneys general of Montana and Kansas filed a formal complaint on Thursday against Education Secretary Miguel Cardona, accusing him of violating the Hatch Act with anti-Republican statements.

Montana Attorney General Austin Knudsen and Kansas Attorney General Kris Kobach are accusing Cardona of using government resources for political activities and requesting the U.S. Office of Special Counsel (OSC) remove him from his position.  

The attorneys general say the Hatch Act was violated twice by the Education secretary, first in a letter to student loan borrowers on July 15.  

“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. 

The second time was on July 18 when a Department of Education spokesperson said, “And, we won’t stop fighting against Republican elected officials’ efforts to raise costs on millions of their own constituents’ student loan payments.”   

The two state officials say that statement was used in an attempt to sway the presidential election.  

“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,” 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.” 

Reached for comment, an Education Department spokesperson said, "The statements were factually accurate descriptions of the lawsuits, were for the purpose of addressing potential borrower confusion about the status of their loans in the wake of the court decisions, and did not violate the Hatch Act."

—Updated at 3 p.m.