WASHINGTON D.C. – Recently released emails from the Justice Department reveal significant internal disagreement among senior attorneys regarding the Biden administration's push to investigate parents confronting school boards in 2021. These communications, published by the department’s Weaponization Working Group, indicate that several high-ranking DOJ officials privately viewed the effort with skepticism, with some labeling it "ridiculous" or "stupid."
"Stupid, stupid, stupid." Corey Amundson, Chief of the Public Integrity Section in the Criminal Division
The internal dissent emerged after the National School Boards Association (NSBA) sent a letter to the Biden administration on September 29, 2021. Signed by then-NSBA Chief Chip Slaven and President Viola Garcia, the letter asserted that public schools were "under an immediate threat" due to opposition to COVID-related mandates and "propaganda purporting the false inclusion of critical race theory within classroom instruction and curricula." The NSBA urged the administration to investigate these acts, suggesting some "could be the equivalent to a form of domestic terrorism and hate crimes" and recommending the use of the PATRIOT Act. This letter followed discussions between administration officials and the association since July 2021 regarding incidents at school board meetings.
In response to the NSBA’s request, Attorney General Merrick Garland issued a memo on October 4, 2021, directing federal law enforcement to address threats against school administrators, board members, teachers, and staff. Federal authorities subsequently opened at least 25 investigations tied to parents who had confronted school boards. However, no parent is known to have faced a domestic terrorism charge as a result of these investigations.
The recently disclosed emails, dating from late September and early October 2021, paint a picture of internal resistance within the Justice Department. Robyn Thiemann, an attorney in Deputy Attorney General Lisa Monaco’s office, reacted to the developing situation on September 25, 2021, writing, “This is ridiculous.” Corey Amundson, chief of the Public Integrity Section in the Criminal Division, expressed an even stronger sentiment, calling the effort “Stupid, stupid, stupid.”
Kevin Driscoll, a deputy assistant attorney general in the Criminal Division, sent his note on October 2, 2021, observing, “It’s like they’ve [sic] affirmatively trying to make this thing not work and look political.” Another official, Kevin Chambers, then an associate deputy attorney general, raised a jurisdictional objection, describing the conduct as “state/local in character.” These internal communications suggest that many department attorneys did not perceive the behavior of protesting parents as criminal offenses warranting federal intervention. Among the alleged "threats" cited were instances such as the public posting of Facebook photos showing school board members' children without masks.
Eighteen days after sending its original letter, the NSBA issued an apology letter on October 22, 2021. This retraction repudiated both Slaven and Garcia, stating, “[W]e deeply value not only the work of local school boards that make important contributions within our communities, but also the voices of parents, who should and must continue to be heard when it comes to decisions about their children’s education, health, and safety.”
One incident highlighted by the Weaponization Working Group as a potential target for the NSBA’s proposed domestic terrorism investigation involved Scott Smith, a parent from Loudoun County, Virginia. Smith confronted the Loudoun County School Board in August 2021, expressing anger over officials' handling of a sexual assault involving his daughter in a school bathroom. His outburst led to local disorderly conduct charges, for which he was later pardoned by Virginia Governor Glenn Youngkin in September 2023. Smith clarified to Fox News that his outburst was directed at a "radical" parent who he claimed called him a liar, not the board itself.
The highly publicized nature of Smith's case and the Loudoun County district’s response to the assault were widely credited with fueling Republican Glenn Youngkin’s unexpected victory in Virginia’s 2021 gubernatorial race, underscoring the political sensitivity and public resonance of parental rights issues in education.
Despite the internal concerns revealed in the emails, Attorney General Merrick Garland never rescinded his initial memo. In subsequent congressional testimony, Garland maintained that none of his subordinates had expressed disagreement with the memo in his presence, a statement that appears to conflict with the recently disclosed internal communications. The revelations raise questions about transparency and decision-making within the Justice Department concerning politically charged issues.
