America First Legal has obtained new Department of Justice documents in its ongoing lawsuit over Attorney General Merrick Garland’s October 4, 2021 memorandum concerning parents at school board meetings.
The records show the Biden DOJ moved forward with the memo despite internal and external concerns, relying on a National School Boards Association (NSBA) push that urged federal action against parents involved in school board disputes.
On the day the memo was released, multiple warnings were raised:
- FBI Deputy Assistant Director Jay Greenberg emailed the Office of the Deputy Attorney General expressing “some concern” and requested additional time before DOJ issued its messaging.
- The National Sheriffs’ Association told DOJ that sheriffs had “not heard any concerns about threats to local school boards.”
- White House Domestic Policy Council official Ephraim McDowell coordinated with the NSBA and forwarded materials to DOJ officials involved in drafting the memo.
FBI officials also indicated misalignment with DOJ assessments and sought coordination, while urging reconsideration. Despite these concerns, the DOJ proceeded with the memorandum and incorporated NSBA input into its framing of school-related threats.
