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DOJ Memo Targeting School-Board Threats Generates Internal Pushback

By Drooid · · How we work

Core Event

In October 2021 the Justice Department, under Attorney General Merrick Garland, issued a memorandum directing the FBI and U.S. The memo was prompted by a September 2021 letter from National School Boards Association (NSBA) president Chip Slaven, which warned of an “immediate threat” from protests over mask mandates, COVID-19 policies and critical-race-theory curricula. Shortly after the memo’s release, internal emails revealed sustained dissent within the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), with officials questioning the memo’s legal basis and its potential impact on First-Amendment rights.

Background & Context

Parent protests at school-board meetings surged in 2021, driven by opposition to pandemic-related health measures and perceived “propaganda” of critical-race-theory. The NSBA appealed to the Biden administration for federal assistance, suggesting that some actions could rise to “domestic terrorism and hate crimes.” The DOJ’s response was framed as a protective measure for school officials, yet the memo’s language and the prospect of federal criminal probes sparked controversy.

Official Statements & Responses

The NSBA later issued an apology, repudiating the language used in its September 2021 letter and distancing itself from the request for Patriot-Act-style investigations. The Department of Homeland Security briefly linked heightened opposition to masks, vaccines and critical-race-theory to an elevated threat level for educational workers.

Criticism & Opposition

Multiple DOJ attorneys labeled the initiative “unnecessary” and “state/local in character,” arguing that the alleged threats—such as posting Facebook photos of board members’ children without masks—did not constitute federal crimes. An FBI counterterrorism official warned that the “domestic terrorist” label could be applied too broadly, while a DOJ Civil Rights Division attorney noted that much of the activity could be protected speech. Internal dissent was further highlighted when a deputy assistant attorney general described the effort as “politically motivated” and likened it to an “Anti-MAGA Task Force.” The FBI’s Criminal Investigative Division reported that the memo’s accompanying press release was issued without bureau coordination, leaving officials “caught off guard.” According to the released report, at least 25 investigations were opened, though no parents have been charged with domestic terrorism.

Verbatim Quotes

  • “Along with the report, we’ve released hundreds of exhibits and emails that make official and verify what many Americans had guessed: the Garland DOJ worked hand in hand with WH officials and the National School Boards Association to chill free speech and parental rights while they threatened to prosecute parents and label them domestic terrorists,” — Blanche
  • “It’s like they’ve [sic] affirmatively trying to make this thing not work and look political,” — an official