Newly released Justice Department documents are shedding light on internal concerns surrounding a controversial 2021 memorandum.
by KAYLA GASKINS | The National News DeskWASHINGTON, DC - JANUARY 16: U.S. Attorney General Merrick Garland delivers a farewell address to Justice Department employees and guests in the Great Hall at the Robert F. Kennedy Building on January 16, 2025 in Washington, DC.
Garland, who was appointed by President Joe Biden in 2021, will be stepping aside on Inauguration Day when President-elect Donald Trump will move into the White House again. Newly released Justice Department documents are shedding light on internal concerns surrounding a controversial 2021 memorandum from then-Attorney General Merrick Garland that directed federal law enforcement agencies to address threats against school board officials amid heated debates over education policy during the COVID-19 pandemic.
School board meetings became flashpoints across the country as parents voiced opposition to lockdowns, mask mandates and classroom instruction related to race and gender. School board meetings became flashpoints across the country as parents voiced opposition to lockdowns, mask mandates and classroom instruction related to race and gender.
In response to reports of harassment and threats against school officials, Garland issued a memorandum in October 2021 directing the FBI and U.S. attorneys to coordinate with local law enforcement to address what the department described as a rise in threats of violence. The memo quickly became a source of political controversy, with critics arguing the federal government was improperly targeting concerned parents who were exercising their First Amendment rights.
The action came after the National School Boards Association sent a letter to the Biden administration requesting federal assistance and suggesting that some actions directed at school officials could be investigated under domestic terrorism laws. The organization later apologized for the language used in the letter, but Garland stood by his memorandum. Now, internal Justice Department and FBI communications obtained through litigation are providing a glimpse into how some government employees viewed the directive.
According to documents recently released by America First Legal as part of an ongoing lawsuit related to the memorandum, some officials expressed reservations about the federal response. One email stated, "I hope DOJ reconsiders," while another questioned whether the issue fell within the FBI's responsibilities, writing, "We do not see this as an FBI function.
" The documents have renewed scrutiny of Garland's testimony before Congress shortly after the memo was issued. During a Senate Judiciary Committee hearing in October 2021, then-Sen. Ben Sasse, R-Neb. , questioned Garland about communications involving a Justice Department official who circulated potential federal statutes that could be used in response to school board-related incidents.
Garland later faced questions from Sen. Tom Cotton, R-Ark. , who asked whether anyone at the FBI had expressed concerns about the memorandum. Cotton replied that FBI personnel had contacted lawmakers and claimed they had, in fact, raised objections.
The newly released records do not indicate whether those concerns ever reached Garland directly. However, they do show that some employees within the Justice Department and FBI privately questioned aspects of the federal response as the controversy unfolded. America First Legal continues to pursue litigation seeking additional records related to the memorandum and the government's response to school board protests.
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