DOJ report: Biden White House pushed federal action against parents protesting LGBT policies at school board meetings

Biden White House officials and Department of Justice (DOJ) leaders pushed to pursue federal action against parents who protested COVID-19 mandates, critical race theory, and LGBT policies at school board meetings in 2021, according to a DOJ report released Oct. 5.

Attorney General Todd Blanche said in an Oct. 5 X post that the previous DOJ “worked hand in hand” with White House officials and the National School Boards Association (NSBA) “to chill free speech and parental rights while they threatened to prosecute parents and label them domestic terrorists.”

The 273-page report, prepared by the department’s Weaponization Working Group, examines the origins and implementation of then-Attorney General Merrick Garland’s October 2021 memo that directed the FBI, U.S. attorneys, and other federal officials to address what it called a “disturbing spike in harassment, intimidation, and threats of violence” against school boards and officials. 

According to the report, the directive followed a Sept. 29, 2021, letter from the NSBA asking then-President Joe Biden for federal assistance. The letter suggested that some parent conduct at school board meetings and against school officials “could be the equivalent of a form of domestic terrorism and hate crimes.” 

The disputes involved parents’ objections to certain COVID-19 mandates, such as mask and vaccine requirements; the use of critical race theory in school curricula; and school policies in which students were forced to share locker rooms and bathrooms with those of the opposite sex who identified as “transgender.” 

The report concludes that White House pressure drove Garland’s directive despite objections from within the department. Internal emails show DOJ and FBI personnel raised concerns about politicization, possible violations of the First Amendment, and the lack of a sufficient federal basis for intervention.

In one message sent before Garland’s memo went public, an attorney criticized the operation as politically motivated, saying “they might as well rename” it “the Anti-MAGA Task Force.” Another official called the proposal “stupid, stupid, stupid,” and one said making the federal agencies the “threats police” lacked a “limiting principle.” 

Garland nevertheless issued the memo Oct. 4, 2021, directing the FBI and federal prosecutors to meet with law enforcement about threats against school personnel. He said the department would help authorities investigate criminal conduct against school administrators, working to “discourage these threats, identify them when they occur, and prosecute them when appropriate.” 

According to the report, the FBI then opened 25 preliminary “Guardian assessments” of school board threats, one of which became a full investigation. One FBI whistleblower said a mother was investigated because she “is a gun owner” and belonged to a “right-wing mom’s group,” the report stated.

The working group said it was unaware of any DOJ prosecutions arising from those investigations.

In its press release accompanying the report, the DOJ said the Biden administration’s actions “chilled the exercise of parental and free speech rights” and often targeted “parents who lawfully exercised their parental rights and freedom of speech.”

The DOJ said in the release that it would offer affected parents and other school board meeting participants access to their FBI assessments and add disclaimers flagging constitutional concerns to assessments associated with Garland’s memo.

The department also said it will review investigative files for constitutional violations, issue formal apologies where it finds violations, and institute internal controls to prevent them from recurring. It announced a $1.5 million grant to the National Association of School Resource Officers for training on parental rights and said it will prioritize additional funding to educate school personnel about those rights. 

“The Justice Department remains committed to defending Constitutionally protected civil liberties, especially the First Amendment rights of all Americans,” the release concluded. “Individuals with concerns about unconstitutional conduct are encouraged to come forward; the Department will evaluate such matters without fear or favor.”