Newly leaked documents have brought to light the Biden administration's Department of Justice (DOJ) approach to school board meetings, raising questions about the balance between security and free speech. On October 4, 2021, then-Attorney General Merrick Garland issued a controversial memo to the FBI, creating a task force to tackle what was deemed "domestic terrorism" threats at these local gatherings. This action followed a period of intense debate over educational content, which saw parents nationwide voicing their concerns and organizing under parental rights groups.
The memo's release was preceded by a request from the National School Boards Association (NSBA) to then-President Joe Biden, which equated the behavior of some protesting parents to "domestic terrorism." The NSBA, on September 29, 2021, sought federal intervention against what it described as escalating threats and harassment against school officials.
Garland's response directed federal law enforcement to collaborate with local agencies to mitigate potential violence towards school personnel. The Attorney General later affirmed that his actions were in line with established DOJ policies and responsibilities.
However, the documents, released by America First Legal, have revealed internal communications that suggest a more complex narrative. One disclosed email shows Tamarra Matthews-Johnson, counsel to Garland, forwarding news coverage of the NSBA letter to Kevin Chambers, who was then in the Deputy Attorney General's office. Chambers acknowledged the White House's involvement, expressing challenges in finding a federal legal basis for action.
Quick legal reviews were requested and conducted; however, concerns were raised by DOJ attorneys regarding the legal justification for such federal involvement. A DOJ Civil Rights Division attorney highlighted the absence of an applicable federal statute that could restrict parents' First Amendment rights in the context of school board meetings. The same attorney pointed out that federal resources were being allocated to issues that did not appear to merit federal attention. These reservations were communicated to Deputy Assistant Attorney General Robert Moossy.
As the draft memo circulated on the morning of October 4, changes were made, including the removal of language pertaining to election integrity, to avoid perceptions of political bias. The final memo, issued later that day, called for the monitoring of and response to perceived threats at school board meetings.
The documents from America First Legal underscore that DOJ attorneys had serious reservations about the process, including concerns about free speech and the veracity of the NSBA's claims. Despite these objections, DOJ leadership, particularly now-Judge Sooknanan, advanced with the memo, which America First Legal claims bypassed standard procedures and took DOJ divisions by surprise.
These revelations come at a time when the role of parents in education and the limits of free speech are hotly debated topics in American society. The documents have added fuel to the ongoing discussion about the federal government's role in local education issues and the appropriate measures to ensure safety without infringing on constitutional rights.
