DOJ Report Alleges Biden White House Pressure Drove Federal Investigations of Parents Under Garland

The Justice Department released a report Monday alleging that Biden administration officials pressured federal law enforcement to investigate parents protesting school policies, despite internal concerns about constitutional rights and whether the conduct involved federal crimes.

The department’s Weaponization Working Group examined the development and implementation of former Attorney General Merrick Garland’s October 4, 2021, memorandum addressing threats against school administrators, board members, teachers and staff. The review concludes that White House officials and senior Justice Department personnel pushed the initiative forward despite objections from attorneys and investigators.

The department also announced that it would review related FBI files for possible constitutional violations and offer affected parents an opportunity to examine their assessment records.

The report traces the initiative to discussions between the National School Boards Association and Biden administration officials during disputes over pandemic restrictions, curriculum and other school policies.

A September 29, 2021, association letter requested federal intervention and suggested that some incidents involving school officials could constitute domestic terrorism or hate crimes. The association subsequently apologized to its members, saying some of the letter’s language was unjustified, according to documents reproduced in the report.

Garland’s original memorandum, issued five days after the association’s letter, did not describe parents as domestic terrorists. It explicitly recognized constitutional protection for debate over school policies, while directing federal officials to coordinate with state and local authorities on threats against school personnel.

The memo instructed the FBI and U.S. attorneys to convene meetings in each federal judicial district within 30 days and establish communication channels for reporting, assessing and responding to threats.

The working group argues that the initiative’s development and implementation went beyond that stated purpose. Its report reproduces internal communications in which Justice Department personnel questioned whether the incidents presented to them justified federal involvement.

Some attorneys initially considered the conduct a state or local matter. Others raised concerns about the First Amendment and the appearance of political involvement. The report also acknowledges that some examples described conduct beyond speech, including allegations of spitting on school board members and damaging vehicles.

According to the department’s announcement, more than a dozen DOJ and FBI personnel expressed concerns about the initiative. Nevertheless, the working group concluded that pressure from White House officials and department leadership drove the memorandum’s issuance.

The department said the FBI opened 25 Guardian assessments involving parents. The report also cites a whistleblower account alleging that a mother was investigated partly because she owned a gun and belonged to a conservative mothers’ group.

An assessment does not establish that its subject committed a crime. The department’s announcement does not identify resulting federal convictions or state that all 25 assessments involved constitutional violations. Instead, it promises a review to determine whether violations occurred.

The working group’s conclusions represent the Trump administration Justice Department’s assessment of the Biden administration’s actions. They are not court findings. The report says Garland’s memorandum has been rescinded and the policies implementing it terminated.

Under the newly announced measures, parents and other school board meeting participants subjected to related Guardian assessments will be offered access to their records. The department will also add a cautionary disclaimer to associated assessments, most of which it says have been closed or discontinued.

Where its review identifies a constitutional violation, the department says it will issue a formal apology and adopt internal controls intended to prevent a recurrence.

The department also announced a $1.5 million award to the National Association of School Resource Officers to develop training and technical assistance on parental rights. Additional funding through the Office of Justice Programs will prioritize resources for teachers and school staff concerning parents’ First Amendment rights and their role in directing their children’s education.

The announcement followed a separate joint letter from the Justice and Education departments to all 50 state attorneys general concerning parental rights.