In a recent revelation, it has been discovered that the Biden administration's Justice Department sought a "federal hook" to criminally charge parents who were protesting school policies related to COVID, transgenderism, critical race theory, and other contentious issues.
This information was unveiled by the conservative America First Legal, which released a series of documents dating back to the fall of 2021.
According to the Western Journal, these documents were obtained during a period when the National School Boards Association (NSBA) had written a letter to the White House, requesting an investigation into parents who were allegedly engaging in threatening behavior at board meetings, labeling them as "domestic terrorists." The NSBA has since retracted this letter.
The documents reveal an email from Deputy Attorney General aide Kevin Chambers, dated October 1, 2021, in which he wrote to a colleague, "We're aware; the challenge here is finding a federal hook. But [White House] has been in touch about whether we can assist in some form or fashion."
A Civil Rights Division attorney, in a communication dated October 3, 2021, expressed skepticism about the feasibility of federal intervention. The attorney wrote, "I read the letter from NSBA, and looked at the links for a handful of the footnotes, and it appears to me that the vast, vast majority of the behavior cited cannot be reached by federal law." The attorney further noted that "almost all of the language being used is protected by the First Amendment."
Despite these reservations, then-Attorney General Merrick Garland issued a memo on October 4, 2021, directing the FBI to assist local law enforcement in responding to the "disturbing spike in harassment, intimidation, and threats of violence" against school officials. Garland stated, "While spirited debate about policy matters is protected under the Constitution, that protection does not extend to threats of violence or efforts to intimidate individuals based on their views."
Garland's directive to the FBI was to collaborate with U.S. attorneys nationwide to convene meetings with state and local officials within 30 days to coordinate their response.
This move was challenged by then-House Judiciary Ranking Member Rep. Jim Jordan of Ohio during an October 21, 2021, hearing. Jordan questioned Garland's earlier testimony that the DOJ would not treat parents as domestic terrorists, pointing out that a DOJ news release dated October 4, 2021, indicated the involvement of the National Security Division of the FBI in the federal response to the alleged increasing violence at board meetings.
Garland defended his position, stating that his memo did not mention the National Security Division. He also acknowledged that the NSBA's letter to the president had influenced his memo, stating, "Obviously, the letter, which was public, was brought to our attention."
In November 2021, Republicans on the House Judiciary Committee announced that an FBI whistleblower had disclosed that the agency had created a "threat tag" to track parents protesting at school board meetings. Nicole Neily with Parents Defending Education claimed that these disclosures "prove that the FBI was, in fact, using counterterrorism tools to investigate concerned parents who have attended school board meetings which directly contradicts Attorney General Merrick Garlands sworn congressional testimony."
In response to the emails his organization published, Gene Hamilton, President of America First Legal, accused the Biden Administration of engaging in a conspiracy to deprive parents of their fundamental rights to free speech and to direct the upbringing of their children.
This revelation raises questions about the extent of governmental intervention in parental rights and the potential misuse of federal resources to suppress dissenting voices.
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