A conservative legal group has released a tranche of internal Department of Justice (DOJ) emails that shed new light on the Biden administration’s role in the controversial 2021 decision to mobilize federal law enforcement over school board meeting protests.
The correspondence, obtained by America First Legal shows that top DOJ aides were in contact with the White House about the National School Boards Association’s (NSBA) letter before Garland issued his directive to the FBI. That letter, sent to President Biden on September 29, 2021, accused some parents of “threatening” or “harassing” school board members over contentious policies involving COVID-19 mandates, critical race theory, and transgender student accommodations. It even suggested that certain incidents could be investigated under federal domestic terrorism laws, Fox News reported.
While the NSBA later apologized for and rescinded the letter, the document was quickly acted upon inside the DOJ. In an October 1, 2021, email, Kevin Chambers — an aide to the deputy attorney general — informed a colleague, “We’re aware; the challenge here is finding a federal hook. But WH has been in touch about whether we can assist in some form or fashion.”
Just three days later, on October 4, Garland issued a memo instructing the FBI to work alongside local law enforcement to address what he described as a “disturbing spike in harassment, intimidation, and threats of violence” against school administrators and staff. Garland would later testify under oath to Congress that his order was issued after — and in response to — the NSBA letter.
However, not everyone inside the DOJ agreed with the NSBA’s claims. In an October 3, 2021, message, one DOJ attorney wrote to colleagues, “I read the letter from NSBA, and looked at the links for a handful of footnotes, and it appears to me that the vast, vast majority of the behavior cited cannot be reached by federal law,” noting further that “almost all of the language being used is protected by the First Amendment.”
The same attorney suggested that any genuine criminal issues, such as trespassing or disturbing the peace, could be handled entirely by local police, adding there was “nothing remotely federal” about most of the incidents described.
Gene Hamilton, president of America First Legal, said the internal communications reveal “a conspiracy that was ultimately aimed at depriving parents of two fundamental rights — the right to speak, and the right to direct the upbringing of their children.”
The documents also reveal that Sparkle Sooknanan, then a DOJ official and now a Biden-appointed federal judge, was the one who initiated internal discussions about possible federal action in response to the NSBA letter. On October 2, 2021, she sent a “quick-turn request” to colleagues asking whether the Civil Rights Division had any authorities it could use to address the concerns raised in the letter.
Republicans accused the Biden administration of trying to intimidate parents and chill free speech at public meetings. They argued that the administration was using federal law enforcement as a political weapon to silence opposition to controversial school policies. The criticism intensified after it was revealed that the NSBA had coordinated with the White House before sending its letter.
The release of these records also comes at a time when critics say the Biden administration has erased the traditional firewall between the White House and the DOJ. Former DOJ officials have publicly warned about the dangers of such coordination, noting that the department’s work should be free from political influence.
One former DOJ employee of nearly 20 years, recently fired, told CBS News: “There used to be a line, used to be a very distinct separation between the White House and the Department of Justice, because one should not interfere with the work of the other. That line is very definitely gone.”
America First Legal says it will continue to seek and release records that reveal what it calls the “weaponization of the DOJ against everyday Americans.”
