New Report Confirms Biden’s DOJ Did Target Parents Who Spoke Out At School Board Meetings

The Justice Department’s Weaponization Working Group released a report Monday concluding that former Attorney General Merrick Garland’s Oct. 4, 2021 school board memo grew out of pressure from the Biden White House and turned the department’s law enforcement powers on parents.

The report describes how DOJ officials under President Joe Biden looked for ways to bring federal cases against parents and protesters who addressed school boards and school officials during the COVID-19 pandemic. It also contains the Working Group’s formal acknowledgment that the prior administration’s actions “chilled the exercise of parental and free speech rights, parents who lawfully exercised their parental rights and freedom of speech were often targeted by members of the educational establishment.”

Garland addressed the memo to the FBI director, the assistant attorney general for the Criminal Division, the director of the Executive Office for U.S. Attorneys, and U.S. attorneys nationwide. The memo told its recipients that “in recent months, there has been a disturbing spike in harassment, intimidation, and threats of violence,” even though, according to the report, he had seen very little evidence of actual violence or violent threats against school administrators or at school board meetings when he signed it.

The Working Group traces the memo’s ideological origin to a letter the National School Boards Association sent to Biden on Sept. 29, 2021, five days before Garland acted. That letter asked the federal government to consider that “these heinous actions” “could be equivalent to a form of domestic terrorism and hate crimes.”

Records cited in the report show that leadership at the Biden White House and the DOJ pressed for a memo that would locate a federal “hook” for prosecuting parents and charging protesters with federal crimes.

“Among the most egregious findings, exhibits show that individuals in the Biden White House and Attorney General Garland’s advisors wanted to involve federal law enforcement and prosecutors in matters involving parents and school boards,” a DOJ press release explains.

Further, the Memo established a task force to find federal enforcement options for investigating and prosecuting parents, and the FBI opened 25 “Guardian assessments” on parents. One FBI whistleblower disclosed that a mother was investigated because she “is a gun owner” and belonged to a “right-wing mom’s group.”

Internal communications and investigative records show that more than a dozen DOJ and FBI personnel raised concerns about the memo and its directive. “Stupid, stupid, stupid,” one employee wrote. Another wrote that “they might as well rename the damn thing the Anti-MAGA Task Force.” Several of the objections centered on the law. One staffer warned that the directive was “challenging from a First Amendment perspective,” and another said it placed the department on “potentially dangerous ground.” Other employees focused on how the directive would reflect on the department. One wrote that the memo “look[s] political.” Another called it “a partisan exercise aimed at those who do not support the Administration,” and a third cautioned that it would “tarnish reputation as an apolitical law enforcer.” One described the effort as “very messy and political.” Shorter reactions in the record include “ridiculous,” “horrible,” and “confusing.”

Emails cited in the report show that Garland issued the memo over those objections and that White House officials influenced his decision.

The department announced a series of remedial steps alongside the findings. Parents and other school board meeting participants who became subjects or targets of a Guardian assessment because of the memo will have the opportunity to review their assessment. The FBI has closed or discontinued most of those files, and each one will now carry a disclaimer stating that the memo raised serious constitutional concerns and that readers should treat the assessment with caution.

The DOJ will also review the file of every person investigated under the memo. Where reviewers identify a constitutional violation, the department will issue a formal apology and adopt internal controls intended to prevent a recurrence.

Leaders of the DOJ and the Department of Education sent letters on parental rights to the attorneys general of all 50 states. The department said Attorney General Todd Blanche and the Trump administration have made securing parental and First Amendment rights a top priority.