On Thursday, the Foundation for Accountability and Civic Trust (FACT), a non-partisan ethics watchdog group filed a complaint with the U.S. Office of Special Counsel under The Hatch Act of 1939 against Secretary of Education Miguel Cardona. FACT has alleged that Cardona violated the Act by sending out a political email to federal student loan borrowers in his official capacity. The HATCH Act of 1939 limits certain political activities of federal employees to protect federal employees from political coercion in the workplace.
According to a press release from FACT, an email sent in July 2024 to an estimated 43 million “citizens who are federal student loan borrowers,” originated from an official government email address, was written on an official Department of Education letterhead, and was signed by Cardona with his official title. The foundation noted, “This type of political advocacy from the government targeting citizens who interact with an agency is exactly the type of politicization the Hatch Act is designed to prevent.”
Kendra Arnold, Executive Director of FACT, said in a statement, “Secretary Cardona appears to have been caught making an overtly political pitch to student loan borrowers in an election year. The uniqueness and magnitude also need to be noted, as this case goes far beyond a standard Hatch Act violation of making a political remark while appearing in an official capacity.
What looks to have happened here is an extremely partisan message was widely distributed using data the federal government had compiled on citizens who have student loans—a universe that could be 43 million people. We urge the Office of Special Counsel to immediately act and investigate whether Secretary Cardona violated the Hatch Act and, if so, the true scope of it.”
In the text of the email from Cardona, revealed by FACT, several statements from Cardona are explicitly political in nature, addressing Republicans as adversaries to the department. For example:
“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 . . .”
“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.”
“While we disagree with the Republican elected officials’ efforts here to side with special interests and block borrowers from getting breathing room on their student loans . . .”
The complaint submitted by FACT lays out the HATCH Act case against Cardona clearly and in simple terms: “(1) the email was a blatant political communication and (2) it was sent in Cardona’s official capacity using taxpayer funded resources.” In campaign or marketing terms, the email list owned and maintained by the Department of Education is a resource that is potentially worth billions of dollars and is off-limits for anything but official government use. As Arnold noted, “the email sent by Cardona was a blatant political communication. When read in its entirety it is clear the only purpose for sending the letter was a political one and its content was primarily political. The email made political arguments and numerous times specifically identified the political party by name that Cardona opposes in a disparaging manner to generate opposition to the political candidates and party.”
As reported by The Daily Mail, the modern interpretation of the HATCH Act prohibits the sending or forwarding of partisan political emails while an official is on duty or in the workplace or even engaging in political activity like attending a meeting while in uniform or driving a government vehicle.
Arnold writing on behalf of FACT concluded, “While this is an obvious case simply based upon the facts above, it goes far beyond the standard violation of just making a political remark while appearing in an official capacity. While he certainly did make a political remark in his official capacity, he also proactively used data the government had on student loan borrowers for political purposes. Quite clearly this is a severe breach of the citizens’ trust and is inexcusable.
The government endorsement of a political position and use of taxpayer funded resources to do so is the exact political behavior that is forbidden by the Hatch Act.”
State Superintendent of Public Instruction Tom Horne is advising Arizona’s school districts and charter schools to consult legal counsel regarding implementation of the controversial Title IX changes.
The changes to Title IX center on the redefining of the term “sex” to include “gender identity.” In effect, schools would be required to permit access to gendered programs, activities, or spaces on the basis of gender identity rather than biological sex, such as sports teams, locker rooms, and bathrooms. The U.S. Department of Education (ED) released the final Title IX rules outlining this change in April.
In ED’s justification for expanding the concept of “sex” to include “gender identity,” the agency declared that basing exclusion on biological sex amounted to sex discrimination.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
These new rules take effect on Aug. 1.
In a press release on Monday, Horne announced that he’d advised legal counsel to educational institutions through letters disseminated to all districts and charters. Horne emphasized that, though all schools had the choice to implement the updated Title IX regulations, there were pending legal challenges that may result in students suffering damages.
“This is your choice, but you may wish to delay implementing the new regulations until the legal situation is clarified. If the regulations are implemented and then later overruled by the courts, students may suffer damages in the meantime,” said Horne. “This is not legal advice. The Arizona Attorney General may disagree […] We are a local control state, and it will be up to districts and charters to determine how to proceed in this situation. You need to consult with your lawyer. I am only providing information I think might be useful.”
Indeed, a federal court in Louisiana ruled against the new regulations last month. The judge determined that the new federal rules amounted to federal overreach, calling ED’s rulemaking “arbitrary and capricious,” and signaling concern for the rules’ threat to protected constitutional speech.
Some districts have already opposed the changes.
Dysart Unified School District’s governing board voted to reject the new Title IX rules earlier this month. The district declared that ED’s changes to Title IX were contradictory to the existing, plain language of the rules.
Horne noted in Monday’s press release that the new Title IX rules could “significantly injure public education” by prompting parents to flee the system.
“In the past I’ve been asked by districts, as a policy matter, about their consideration of rules, permitting biological boys who have male genitalia being allowed in girls’ bathrooms, locker rooms, and showers,” said Horne. “My response was that there should be unisex bathrooms available, and if there was no room for them, the faculty bathroom should be used for that purpose. That would preserve the dignity of biological boys who identify as girls. But if they were allowed in girls’ facilities, I thought parents might well remove the girls from the school and send them to another district, Charter School, or private school. So, this rule could significantly injure public education.”
26 states have put forth legal challenges to the Title IX changes, with some awarded injunctions: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Come November, Arizona voters may decide whether to establish abortion at any stage of pregnancy as a fundamental right in the state constitution.
The assigned ballot number, Proposition 139, declares that voting in favor of the initiative would create a fundamental right to abortion, thereby limiting the state’s ability to interfere with all abortions — mainly those pregnancies predating the generally accepted standard for viability, around 24 weeks.
However, that doesn’t mean that abortions won’t be covered by the state constitution after viability. The proposition declares that abortions will be permissible after viability should any involved health care professional determine them “necessary” to protect the mother’s life or health.
The proposition would also preemptively ban lawmakers from imposing any criminal sanctions or other punishments on anyone who assists another in obtaining an abortion.
“A ‘yes’ vote shall have the effect of creating a fundamental right to abortion under Arizona’s constitution. The State will not be able to interfere with this fundamental right before fetal viability, unless it has a compelling reason and does so in the least restrictive way possible. Fetal viability means the point in the pregnancy when, in the good-faith judgment of a treating health care professional, the fetus has a significant likelihood of survival outside the uterus. Throughout the pregnancy, both before and after fetal viability, the State will not be able to interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the pregnant individual. The State will not be able to penalize any person for aiding or assisting a pregnant individual in exercising the right to an abortion.”
The secretary of state’s office is still reviewing signatures for the initiative.
Earlier this month, the PAC behind the initiative, Arizona For Abortion Access, sued the Arizona Legislative Council for using the term “unborn human being” rather than “unborn fetus” in their official analysis of the proposition distributed to voters in a publicity pamphlet.
An attorney for the PAC told lawmakers during their hearing on the subject that “unborn human being” was a partisan phrase, rather than their preferred term of “fetus.”
Arizona For Abortion Access, the political action committee behind the ballot initiative, has pulled in nearly $23.2 million for their cause.
The PAC’s biggest donors are mainly out-of-state entities: over $13.4 million altogether from The Fairness Project, Planned Parenthood Action Fund, Sixteen Thirty Fund, Advocacy Action Fund, the ACLU Foundation, Open Society Action Fund, Think Big America, The Green Advocacy, Movement Voter PAC and Project, Our Children Our Future, Clean and Prosperous America, and Moms Fed Up.
Several in-state entities rich with out-of-state cash flow put about $5.8 milliontoward the initiative: Arizonans Fed Up With Failing Health, ACLU of Arizona, Reproductive Freedom for All Arizona, Healthcare Rising Arizona, and the UFCW Local 99 PAC.
A number of wealthy, out-of-state billionaires have donated funds:
Phoebe Gates, daughter of Bill Gates and Stanford University student, $750,000;
Liz Simons, daughter of hedge fund billionaire James Simons, $250,000;
Gaye Pigott, a Washington descendant of one of America’s richest families, the Pigott family, $75,000;
Eric Laufer, a New York engineer, $65,000;
Giovanna Randall, president and head designer of New York luxury bridal company Honor NYC $65,000;
Barbara Simons, a retiree of San Francisco, California $51,000;
Barton Faber, former Canto executive, a California-based software company (reported as living in Hawaii, but formerly from Arizona), $50,000;
Ning Mosberger-Tang, a Colorado photographer, gave $50,000;
Steven Spielberg, famed Hollywood director, and his Hollywood actress wife, Kate Capshaw, gave $100,000;
Sheli Rosenberg, a retired Illinois executive of Equity Group Investments, gave $50,000;
Gregory Serrurier, retired California cofounder of Redwood Grove Capital, $50,000;
Eric Uhrhane, a Californian software engineer and angel investor, gave $50,000;
Laura H. Lauder, a California philanthropist, gave $25,000;
Georgia Taylor Michelson, Californian and wife to Zimmer Biomet board member Michael Michelson, gave $25,000;
Marcia Grand, a California donor, gave $25,000;
Sal Al-Rashid, a New York investor, gave $25,000;
Elizabeth Brown, a California farmer, gave $25,000;
Robin Donohoe, a Georgia venture capitalist, gave $25,000
Several wealthy in-state donors also gave. Among them were Juanita Fitzer Francis, who gave $200,000 — a former nurse with University of Arizona College of Medicine and Phoenix Children’s Hospital, and board member of the Arizona State University Foundation and University of Illinois Foundation. Francis also presides over the Francis Family Foundation.
There was also David and Louise Reese, who gave about $200,000 together. They operate the David E. Reese Family Foundation, a private grantmaking foundation in Paradise Valley. David formerly ran banking institutions across Arizona, Ohio, and New York.
And then there’s Sedona’s Donalyn Mikles, who gave $100,000. Mikles has been a top donor for the Democratic Party and Gov. Katie Hobbs in recent years. Mikles has served as a director of the Kling Family Foundation, a private philanthropic California nonprofit.
Donald Levin, a DRL Enterprises executive in Phoenix, gave $50,000. Paul Lipton, a Tucson hydroponics supply company founder, gave $25,000. Likewise, Robert Bertrand, a Paradise Valley retired executive of Concord Servicing, gave $25,000.
They’ve spent nearly $13.5 million so far, around $11 million on signature gathering. The second-largest expenditure was on advertising, generally, amounting to over $500,000, and polling came at a cost of over $100,000.
Staff salaries for other organizations also topped the list: staffing for Healthcare Rising, Reproductive Freedom for All Arizona, The Fairness Project, and the ACLU altogether amounted to over $400,000.
Their cash balance sits at just over $9.7 million.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Congressman and former Navy SEAL Sniper Eli Crane (R-AZ) visited the rooftop perch of attempted presidential assassin Thomas Matthew Crooks with his team on Monday and shared footage of his professional assessment. Crane’s perspective carries particular weight given his five combat deployments during his 13-year military career.
Crane wrote, “I’m on the roof of the building in Butler, PA, where shots were fired in an attempt to assassinate President Trump. As a former Navy SEAL sniper, it was clear to me that many security measures were dropped making Pres. Trump extremely vulnerable. Many questions still remain.”
According to Crane’s congressional website, the congressman was a post-9/11 enlistee in the U.S. Navy from Arizona, who worked his way up to the Naval Special Warfare Command, joining SEAL Team 3 based out of Naval Amphibious Base Coronado in California. Three of his wartime deployments were to Iraq. He was a SEAL for nine of his thirteen years in uniform.
I’m on the roof of the building in Butler, PA where shots were fired in an attempt to assassinate President Trump.
As a former Navy SEAL sniper, it was clear to me that many security measures were dropped making Pres. Trump extremely vulnerable.
The first video at just over a minute long presents Crane’s damning assessment of the tactical realities at the site of the attempted assassination, that directly conflicts with the narrative being presented by Director Kimberly Cheatle of the United States Secret Service.
He explained, “All right guys, I’m up here on the building where the supposed sniper took his shot. It’s not that steep at all. We just had a 70-year-old man back here climb up on the roof easily.”
Cheatle drew wide criticism when she justified the lack of Secret Service presence on the rooftop to ABC News saying, “That building in particular has a sloped roof at its highest point. And so, you know, there’s a safety factor that would be considered there that we wouldn’t want to put somebody up on a sloped roof.” She added, “And so, you know, the decision was made to secure the building, from inside.”
Crane noted that, if snipers were posted on a nearby water tower overlooking the building and the entire venue, “This guy wouldn’t have made it 5 feet up this roof. He would’ve been taken out.”
The Congressman also noted second floor windows in an adjacent building where Secret Service were “supposedly in the second floor of this building behind.” He added that it, “makes you wonder why they weren’t able to quickly dispatch the individual.”
In a subsequent post to X, Crane presented the vantage point from the second-floor windows that the Secret Service had access to. He wrote, “This video was taken from one of the windows the Secret Service had access to, overlooking the entire roof. As you can see, they had complete coverage. Makes you wonder how on earth they allowed the shooter to access the roof, let alone crawl up it & fire several shots.”
This video was taken from one of the windows the Secret Service had access to, overlooking the entire roof.
As you can see, they had complete coverage.
Makes you wonder how on earth they allowed the shooter to access the roof, let alone crawl up it & fire several shots. pic.twitter.com/C1GTUAuPEa
Crane’s assessment seemed to concur with that of Gene Petrino, a former SWAT commander for Florida’s Plantation Police Department, who questioned in an interview with Fox News why snipers were not stationed at the water tower that “would have had a vantage point of all the roofs,” and called out “the audacity for her to say that there was an issue with the sloped roof when her men were already on a sloped roof.”
Secret Service Director Kimberly Cheatle is testifying in front of the House Oversight Committee Monday. During these proceedings Congresswoman Anna Paulina Luna (R-FL) has accused Cheatle of perjuring herself and stonewalling members of the Committee, according to Fox News. Crane has a seat on the House Homeland Security Committee and the Subcommittee on Oversight, Investigations, and Accountability.
“I will say this. It is very frustrating. And I’ve talked to my colleagues, and we’ve said it to your face that you have been up here basically stonewalling our ability to get the answers to the American people. And what I will also say is that every single member of Congress does not feel safe with you in charge. You have heard that. And I think that we are all sitting ducks with you and directing the Secret Service currently,” Luna said.
She then issued a formal request for Cheatle’s resignation: “But more importantly, it sends a message to our adversaries that we are not protected, and we are one of the strongest countries in the world. So, you have essentially made us a less safe country because of it. As a result of that, I’m asking you to formally step down.”
Not all kinds of heat are equal: apparently, Arizona’s first “Chief Heat Officer” has been avoiding any heat from the media.
It was discovered by ABC15 reporter Nicole Grigg that inaugural Chief Heat Officer Eugene Livar, appointed in April, has repeatedly avoided interviews with the media and instead opted to answer the questions on his own time, without direct media scrutiny or feedback, through his vlog, “What’s Hot with Heat.”
Per Arizona Department of Health Services’ (ADHS) media relations, they will direct reporters to sift through Livar’s vlogs to receive answers to their questions, should he have addressed them.
Media Relations Director Niala Charles told Grigg in an email this week that Livar’s vlog satisfactorily accomplishes the duty of keeping the public informed, citing the vlog’s “77,000 subscribers” and “high click rate,” which Charles described as “impressive.”
Arizona’s population sits at over 7.1 million souls.
Arizona hired its first 'Chief Heat Officer' and is now doing bi-weekly video blogs about the heat.
I have requested interviews with him, but he's not available. Instead, I can submit my questions, and they may put a response in his 'Whats Hot with Heat!' series. pic.twitter.com/PLGJHseuYB
Prior to becoming the state’s first chief heat officer, Livar had worked in various roles for ADHS for over a decade. In his last role as ADHS assistant director, Livar had a salary of over $148,000.
This latest job title was concocted through Governor Katie Hobbs’ Extreme Heat Preparedness Plan, which he helped develop. Livar’s job also includes executing those aspects of the plan. Hobbs’ plan heavily focuses on addressing homelessness, namely heat respite resources and housing for them, and establishing more clean energy.
A big push for Hobbs’ plan, and a goal of her administration, is to convince the federal government to declare heat as an emergency in order to unlock more federal funding.
Livar’s team has issued two vlogs, the first appearing last month. Both vlogs repeated similar advice on watching out for heat-related illnesses and staying hydrated, and avoiding heat-induced car breakdowns by performing regular maintenance.
The third vlog is scheduled for release next Wednesday.
The first vlog, eight minutes, focused on an overview of his office’s duties and the resources the state and local government offer for heat relief.
“Be sure you stay cool, stay hydrated, stay informed, and be sun-wise,” said Livar in one vlog. “We know if we lean on each other, we can make it through each heat season and come out better every year.”
The second vlog issued earlier this month, four minutes, had Livar recommending municipalities adopt more public advisories on the heat, and expanding offerings of cooling and hydrating stations.
The ADHS heat-focused vlogs are promised to be posted on a bimonthly basis. Rather than relying on closed captioning, ADHS opted to bring in a sign language interpreter for the vlogs.
In addition to vlogging, Livar has been blogging about heat-related topics. Most recently, Livar wrote up general advice on proper hydration, signs of dehydration, and resources for sourcing local cooling and hydration centers.
Other blogs by Livar address various other, non-heat-related health topics, like HIV testing and regulation of marijuana kitchens.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
The Hispanic Vote Coalition is seeking to drive voter registration in Arizona, Nevada, and Colorado with a series of upcoming pastor events and a Bless the Ballot campaign according to a press release obtained by AZ Free News.
The coalition explained that the Bless the Ballot Campaign was launched this past week with Hispanic, Christian pastors in several battleground states where the group has assessed that the Hispanic vote will decide the outcome of the 2024 election.
The press release explained, “The coalition, launched in April by Hispanic-led organizations — Job Creators Network, the National Hispanic Christian Leadership Conference, and Bienvenido — is engaging, informing, and encouraging Hispanic voters to harness their immense power by registering them and getting them out to vote for the values they believe in — faith, family, and freedom.”
Hispanic Vote Coalition Launches Bless the Ballot Campaign and Hosts Pastor Events in Arizona, Nevada, and Colorado
This week, the Hispanic Vote Coalition launched its Bless the Ballot Campaign in conjunction with leading Christian and Hispanic pastors in battleground states…
— Job Creators Network (@JobCreatorsUSA) July 16, 2024
Mary Thomas, Executive Director of the Hispanic Vote Coalition, said in a statement, “Hispanics and Christians can no longer sit on the sidelines, while our values are being attacked. We are engaged in a spiritual battle, and the faith and Hispanic community must not be intimidated. We must rise up and exercise our duty as Christians and Americans to vote for biblical values. By working with our network of 42,000 Christian pastors, the Hispanic Vote Coalition is helping as many Christians and Hispanics as possible fulfill their moral responsibility to vote their values and help determine the outcome of the election.”
According to a Pew Research study, approximately 31% of Latinos in Arizona are either registered or lean Republican. Gallup in 2022 showed that Democrat support among Latinos had hemorrhaged four-points on a national level from 32% to 28% since 2020. In April 2024 an APP/OnMessage poll reported by Newsweek indicated that a “seismic realignment is happening with Hispanic voters across the country,” and added, “If Hispanic voters split in either Arizona or Nevada, Trump will win the state. That’s a near statistical certainty.”
The Hispanic Vote Coalition had an amazing day at the @nhclc’s pastors’ meeting. We discussed how to empower Hispanic Christians to make a difference in their communities & the importance of engaging Hispanic voters through a Biblical lens. Thank you, @nhclc! pic.twitter.com/KwAKuNKcXw
— Hispanic Vote Coalition (@HispanicVoteCo) July 16, 2024
“The Hispanic and Latino evangelical community is staying silent no more,” Pastor Robert Albino, Jr., National Chapter Director of the National Hispanic Christian Leadership Conference said. “Across the country, there is a civic awakening that is a result of dangerous, anti-Christian policies that are being pushed on our schools and businesses and posing a grave threat to economic opportunities that make our communities and families strong. The Hispanic Vote Coalition is dedicated to equipping, educating and engaging our community with one resounding message that is clear and direct: Hispanic evangelicals are not committed to the agenda of the donkey or the elephant, we will vote our Christian values and advance candidates that represent and defend the agenda of the Lamb.”
The coalition’s move is happening in the context of an increased outreach from the Arizona GOP to Latino voters which saw the AZGOP launch a Spanish-Language ad that aired during the 2024 Copa América Tournament which concluded July 15th in Miami.
The ad featured West Valley Republican State Rep. Steve Montenegro with AZGOP Chairwoman Gina Swoboda and runs at 30 seconds featuring the Arizona legislator explaining in Spanish:
“In Arizona, we face several challenges. High prices for food, gasoline, and even for a family home. High crime in our neighborhoods. Protecting family rights in deciding what is the best education for their children. We can do things better. The Arizona Republican Party is committed to protecting the American Dream. Together we can do it. We will achieve a better economy for our families here in Arizona.”
🚨 NEW AD: @AZGOP is hitting the airwaves during the 2024 @CopaAmerica_ENG with a Spanish-language ad! 📺🇺🇸
We’re committed to lowering the cost of living, empowering parents with education freedom, and making homeownership affordable for all Arizonans. pic.twitter.com/A6HXifHdR4
— Republican Party of Arizona (@AZGOP) June 22, 2024
The AZGOP shared the ad in a post to X with the comment, “We’re committed to lowering the cost of living, empowering parents with education freedom, and making homeownership affordable for all Arizonans.”
As of this report, the Hispanic Vote Coalition has not announced details for the upcoming events. As they are announced, information will be available on their website.
