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Biden DOJ officials warned their school board investigation resembled ‘Anti-MAGA Task Force’

Just months into the start of the Biden administration, officials within former President Joe Biden’s own Justice Department warned that an effort to address school board threats risked becoming an “Anti-MAGA Task Force,” according to a report released Monday. The Trump administration’s Justice Department released the findings Monday from its Weaponization Working Group, alleging Biden’s […]

Just months into the start of the Biden administration, officials within former President Joe Biden’s own Justice Department warned that an effort to address school board threats risked becoming an “Anti-MAGA Task Force,” according to a report released Monday.

The Trump administration’s Justice Department released the findings Monday from its Weaponization Working Group, alleging Biden’s White House pushed for the 2021 initiative despite internal concerns about political bias, free speech, and federal jurisdiction.


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Attorney General Merrick Garland speaks during a news conference to announce that TD Bank will pay an approximately $3 billion settlement after authorities said the financial institution’s lax practices allowed for significant money laundering, at the Department of Justice, Thursday, Oct. 10, 2024, in Washington. (AP Photo/Mark Schiefelbein)

“Five years ago, Attorney General Merrick Garland issued an infamous memorandum at the urging of the National School Boards Association and White House officials, directing the FBI and United States Attorneys to consider looking for a federal hook to prosecute parents exercising their right to free speech,” Attorney General Todd Blanche wrote in a post on X Monday.

The timing of the report’s release coincided with the five-year anniversary of Garland’s memo, and according to the DOJ’s findings, more than a dozen DOJ and FBI personnel under Biden expressed reservations about the program.

Among them was Kevin Driscoll, a deputy assistant attorney general, who objected to proposals connecting the school board response to the department’s election crimes work, according to the report.

“I don’t think it’s possible to state how strongly I object to this,” Driscoll wrote. He warned that the proposal would damage the Public Integrity Section’s reputation, adding that officials “might as well rename the damn thing the Anti-MAGA Task Force.”

The dispute centered on then-Attorney General Merrick Garland’s Oct. 4, 2021, memorandum directing the FBI and U.S. attorneys to coordinate with other law enforcement agencies over supposed threats against school officials.

Garland’s memo described an increase in harassment, intimidation, and threats of violence against school board members and teachers in public schools. His directive to draft a memo came five days after the National School Boards Association asked President Joe Biden for federal assistance amid contentious disputes over COVID-19 restrictions and politically charged classroom instruction involving race and gender.

The association’s letter suggested some conduct could amount to “domestic terrorism” or “hate crimes.” The association later apologized for the language used in the letter and walked back its request for assistance from the federal government.

According to the working group’s report, White House officials had approached officials in Garland’s department about legal options before the association published its letter and repeatedly pressed for action.

Doubts inside DOJ

Internal messages show a deluge of internal communications questioning whether the incidents warranted federal involvement.

Paige Fitzgerald, an attorney in the Civil Rights Division, warned on Oct. 3, 2021, that the department was committing substantial resources to investigate activity that appeared to be totally legal and, even if it wasn’t, likely fell outside federal jurisdiction anyway.

“Almost all of the language being used is protected by the First Amendment,” she wrote, according to the report. Disruptions of school board meetings might violate local laws, she added, but appeared to involve “nothing remotely federal.”

Steven Jensen, an FBI counterterrorism official, also urged caution.

“Not all who oppose school board actions or legislative decisions are domestic terrorists,” he wrote, warning that the bureau was entering “potentially dangerous ground.”

One day before Fitzgerald and Jensen’s communications, Associate Deputy Attorney General Kevin Andrew Chambers asked his colleagues to review any “red-flag concerns.”

Despite apparent revisions to the memo, Driscoll responded 40 minutes later, saying, “This is better than it was, but still bad.”

Driscoll stayed in the DOJ until just after Trump took office last year, leaving in protest after the department moved to dismiss the bribery charges against former Democratic New York City Mayor Eric Adams.

Objections continued after Garland issued the memo. FBI officials said the accompanying announcement caught them off guard, while a National Security Division official questioned the need for a narrowly focused task force, according to the report.

The working group said the FBI opened 25 assessments involving parents, six of which were handled by its Counterterrorism Division. None resulted in prosecution.

The report also cited parents who said the investigations discouraged them from speaking publicly. “One parent described how speaking up about her school district’s COVID policies meant ‘[a] target was … placed on [her] back,’” according to the Trump DOJ’s report.

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The current administration’s DOJ said affected parents and school board participants will be offered access to their assessments. It also plans to add disclaimers to relevant files, review possible constitutional violations, and issue formal apologies where warranted.

The DOJ additionally announced a $1.5 million award to the National Association of School Resource Officers for training intended to help school employees understand parents’ rights. It said it would prioritize additional funding to train teachers and staff on parents’ First Amendment rights and their rights to direct their children’s upbringing and education.

Read the full report below:

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