Former Biden Justice Department officials raised serious objections to Attorney General Merrick Garland’s 2021 memo directing federal agencies to respond to alleged threats against school board members, with one official saying the effort might as well be called an “Anti-MAGA Task Force.”
The revelations come from a new Justice Department Weaponization Working Group report examining how the Garland memo was developed and how federal officials responded internally to parents protesting school policies.
What Happened
The controversy centers on a September 2021 letter from the National School Boards Association to President Joe Biden. The association urged the federal government to consider whether some conduct involving school board disputes could amount to domestic terrorism.
Garland issued his memo on October 4, 2021, directing the FBI, U.S. attorneys and other Justice Department components to coordinate with state and local authorities over alleged threats against school officials.
According to a report by The Daily Signal, internal DOJ communications show that several officials questioned whether the federal government had a legitimate role in addressing the conduct described by school boards.
The Justice Department’s own report also says officials were concerned about constitutional and political implications surrounding the memo.
Key Details From the DOJ Report
Internal emails show that DOJ and FBI personnel raised repeated objections before the memo was issued.
One official described the proposal as “ridiculous,” while another warned that the approach could be “potentially dangerous ground” from a law-enforcement perspective.
A deputy assistant attorney general also warned that the effort could damage the reputation of the Justice Department’s Public Integrity Section and make it appear politically motivated. He wrote that the department might as well rename the initiative the “Anti-MAGA Task Force.”
The concerns were not limited to political optics. Officials also questioned whether many of the incidents described by school boards involved federal crimes at all.
One DOJ official argued that much of the conduct involved speech protected by the First Amendment and that the department was using significant federal resources for conduct that appeared to be primarily local.
FBI Opened 25 Guardian Assessments
The Weaponization Working Group found that the FBI ultimately opened 25 “Guardian” assessments involving parents considered potential threats to school boards.
Six of those assessments were handled by the FBI’s Counterterrorism Division, according to the report cited by The Daily Signal. None resulted in criminal prosecution.
The DOJ report also highlighted concerns about the basis for some investigations. In one case, an FBI whistleblower said a mother was investigated after being identified as a gun owner and member of a “right-wing mom’s group.”
The findings have renewed debate over whether federal law-enforcement powers were improperly brought into local disputes involving parents, schools and school boards.
White House Pressure and Garland’s Decision
The report says White House officials became involved before the National School Boards Association publicly released its September 29, 2021 letter.
Internal communications indicate that White House officials sought information from the Justice Department about potential federal responses and considered the issue urgent.
Despite objections from career officials and political appointees inside the department, Garland ultimately issued the memo.
The Weaponization Working Group concluded that the memo was influenced by pressure from Biden administration officials and that the Justice Department had been improperly used against parents.
The findings contrast with Garland’s position at the time that the memo was intended to address threats and violence against school officials rather than parents exercising their right to disagree with school boards.
What Happens Next
The Justice Department under Attorney General Todd Blanche has announced several steps following the investigation.
Parents and other people who became subjects of FBI Guardian assessments connected to the Garland memo will be given an opportunity to review those investigations. The department will also add a disclaimer to relevant assessments warning that the Garland memo raised serious constitutional concerns.
The DOJ said it will review investigative files to determine whether constitutional rights were violated. Where violations are found, the department said it could issue formal apologies and establish additional internal controls.
The department is also providing $1.5 million to the National Association of School Resource Officers for training related to parents’ rights. Additional funding will support education for teachers and school staff about First Amendment protections and parental rights.
The broader significance of the Garland memo controversy extends beyond the original school board disputes. The investigation has become part of the Trump administration’s broader effort to examine alleged political weaponization of federal agencies and establish new safeguards around the use of federal law enforcement.
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The 2021 memo directed the FBI and federal prosecutors to coordinate responses to alleged threats against school board officials.
The Justice Department’s report says the FBI opened 25 “Guardian” assessments involving parents connected to the memo.