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DOJ officials revolted against Garland’s school board memo, emails show

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A controversial memo from then-Attorney General Merrick Garland aimed at addressing the alleged threat posed to school boards by disgruntled parents in 2021 sparked an internal revolt at the Justice Department, according to documents obtained by Fox News.

As parents across the country attend school board meetings to voice their dissatisfaction with COVID-era learning restrictions and how race and gender are being taught in classrooms, the National School Board Association has turned to the Department of Justice for help, arguing that some actions taken by angry parents could be classified as “domestic terrorism.”

The Department of Justice issued a memo in October 2021 to coordinate a response to what the department described as an “increase in harassment, intimidation, and threats of violence against school board members, teachers, and workers” by parents.

But newly released emails show that senior officials at the Justice Department were skeptical of the move and predicted it could become a political headache for the Biden administration.

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Attorney General Merrick Garland answers questions at a news conference at the Department of Justice Building in Washington, DC, on May 23, 2024. The Justice Department has filed a lawsuit seeking to break up Live Nation, alleging Ticketmaster parent company violated antitrust laws and harmed consumers. (Kent Nishimura/Getty Images)

“I don’t think it’s possible to express how strongly I oppose this,” an assistant attorney general wrote in an internal email chain. “It would completely defeat our election threat efforts and damage the Public Integrity Division’s bargaining reputation.” “It’s like they’re trying to make this thing not work in a positive way and make it look political.”

“If they do this, they better rename the damn thing the Anti-MAGA Task Force,” they continued.

“Definitely!” The chief of the Justice Department’s Public Integrity Section responded. “Stupid, stupid, stupid.”

Some at the Justice Department also questioned whether the agency had the authority to handle alleged threats to school board members as proposed.

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U.S. Attorney Merrick Garland addresses U.S. Department of Justice employees in Washington, D.C.

U.S. Attorney Merrick Garland addresses staff on his first day at the U.S. Department of Justice in Washington, D.C., on March 11, 2021. Garland was confirmed by the Senate on March 10 by a vote of 70 to 30. (Kevin Dietsch/AFP)

“We will not do this,” one deputy attorney general wrote. “There is no understandable connection [public integrity] (I don’t actually see any federal interest.) And if they’re going to send the AG’s memo to the field about this issue and election threats, I’m going to strongly recommend that they don’t send it.”

The Public Integrity division chief said the memo could turn the Justice Department and FBI into “threat police” and contained “no limiting principles.”

The NSAB, which drew intense criticism from GOP lawmakers, state officials, experts and parent groups, formally apologized for its letter to the Biden administration calling for a legal review to appeal to disgruntled parents.

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Merrick Garland speaks at a podium inside the Department of Justice in Washington, DC

In a speech at the Department of Justice in Washington, D.C., on September 12, 2024, Attorney General Merrick Garland praised department staff amid ongoing political accusations. (Ting Shen/Bloomberg)

“On behalf of the NSBA, we regret and apologize for the letter,” the organization said in a memo to its members. “There was no justification for some of the language used in the letter. We should have had a better process in place to consult on such an important communication. We also apologize for the tension and stress this situation has caused you and your organisations.”

Although Garland was pressured to retract her memo or apologize, she instead chose to defend her decision.

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“The Justice Department’s obligation is to protect the American people against violence and threats of violence, and this includes, in particular, public officials,” the memo said.

The Justice Department and Garland did not respond to requests for comment from Fox News Digital on Friday.

Fox News’ David Spunt and Jake Gibson contributed to this report.

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