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Thursday, December 26, 2024

Senators request investigation into possible Hatch Act violation by Education Secretary

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Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

U.S. Senators Bill Cassidy, M.D. (R-LA), Ted Cruz (R-TX), and Thom Tillis (R-NC) have called on Department of Education Inspector General Sandra D. Bruce to investigate Education Secretary Miguel Cardona for a potential violation of the Hatch Act and other federal laws. The request follows a letter sent by Cardona to student loan borrowers regarding the Biden-Harris administration’s student loan bailout plan, which included partisan remarks against Republicans.

“Congress did not appropriate taxpayer dollars to the Department for the Secretary to characterize taxpayers as ‘special interests,’ engage in partisan political activities, or impugn elected officials. Doing so is a clear misuse of congressionally appropriated funds and raises the possibility of Purpose Statute and Anti-Deficiency Act violations,” wrote the senators.

They further stated, “Given that this is a presidential election year, the repeated references to Republican elected officials suggest a call to action for the recipients of the letter—generally voters—to act against those officials either by voting against them at the polls or by contacting their elected representatives to voice opposition to their policy positions, raising the possibility of Hatch and Anti-Lobbying Act violations.”

The full letter addressed to Inspector General Bruce elaborates on these concerns:

In July, U.S. Department of Education Secretary Miguel Cardona sent an official letter to student loan borrowers regarding the Biden-Harris administration’s Saving on a Valuable Education (SAVE) plan. The letter was sent from an official Department email account, displayed Cardona's name in the “from” line, and contained his handwritten signature.

In Secretary Cardona’s letter, he explicitly attacks Republican elected officials multiple times: “In recent weeks, several federal courts have issued rulings in lawsuits brought by Republican elected officials who are siding with special interests and trying to block Americans from accessing all the benefits of the most affordable student loan repayment plan in history – the SAVE (Saving on a Valuable Education) Plan.” He continues by stating that he and President Biden will persist with student loan debt transfers “no matter how many times Republican elected officials try to stop us.”

The senators argue that these actions warrant a formal investigation into whether Secretary Cardona violated various laws or Department policies by using taxpayer dollars and resources for partisan purposes.

The Hatch Act prohibits federal employees from using their official authority or influence for election interference. The Anti-Lobbying Act restricts unauthorized use of taxpayer funds for influencing government officials' decisions on laws or policies. The Purpose Statute limits appropriated funds' use strictly for designated purposes unless otherwise provided by law. Lastly, the Anti-Deficiency Act prohibits spending unappropriated taxpayer dollars.

The senators conclude that Congress did not allocate taxpayer dollars for partisan activities or characterizing taxpayers as "special interests." They urge prompt attention to this matter given its implications during an election year.

For more updates from HELP Republicans, visit their website or Twitter at @GOPHELP.

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