HELENA – 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 for using government resources for political activities while touting the Biden-Harris administration’s student loan cancelation schemes, which is a violation of the Hatch Act. In the complaint, Attorney General Knudsen requests that OSC recommend Secretary Cardona be removed from his federal position.

Earlier this month, on at least two separate occasions Cardona and an unidentified spokesperson used their official office to engage in political activity when attacking Republican elected officials for successfully enjoining the Department of Education’s lawless loan forgiveness program. The Hatch Act prohibits a federal employee from engaging in political activity while the employee is on duty or in any room or building occupied in the discharge of official duties. It also prohibits an employee from using their official authority or influence for the purpose of interfering with or affecting the result of an 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,” 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 politically motivated letter around July 15 to student loan borrowers on government time, using official email lists and the Department of Education’s letterhead. “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.

Following Cardona’s letter, on July 18, a Department of Education spokesperson made statements to the media with the purpose of affecting the result of an election, including the 2024 Presidential election, by distinguishing the Biden Administration from 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,” the spokesperson said.

Attorney General Knudsen filed a lawsuit against the Biden-Harris administration’s student loan cancellation scheme in March. It was subsequently enjoined by a federal judge in Kansas.

Kansas Attorney General Kris Kobach joined Attorney General Knudsen in filing the complaint.

Click here read the complaint.