America First Legal (AFL) released explosive new documents conclusively proving the infamous Oct. 4 memo from Attorney General Garland labeling concerned parents as “domestic terrorists” was a political operation of weaponized government, not a standard, lawful execution of federal laws by the Biden administration’s Department of Justice (DOJ).
These never-before-seen documents, uncovered as part of a relentless three-and-a-half-year effort by AFL, shows not only the Biden White House’s involvement in pushing a weaponized DOJ, but also strong dissent from careers within the Department’s Civil Rights Division, who warned that there was no federal authority or legal basis to target these parents in the first place because their speech is protected by the First Amendment.
Now, for the first time since the memo was made public, AFL can complete the timeline of events that occurred between the National School Board Association (NSBA) memo to the DOJ and the publication of the memo. As AFL predicted on Oct. 7, 2021, the normal process was not followed, with political leadership circumventing and disregarding the advice of DOJ lawyers.
White House Pressures DOJ for Unlawful Action Against Parents
On Friday, Oct. 1, 2021, Tamarra Matthews-Johnson, counsel for the Office of the Attorney General, working directly for Attorney General Garland, forwarded the press clips of the day to Kevin Chambers of the Deputy Attorney General’s Office, saying, “Just checking that you were aware,” referencing the NSBA letter.
Just over half an hour later, Chambers replied, “We’re aware; the challenge here is finding a federal hook. But WH has been in touch about whether we can assist in some form or fashion.”
The next morning at 8:17 a.m., Sparkle Sooknanan, then of the Associate Attorney General’s Office and now a federal district court judge, emailed a group of attorneys from the Department’s Civil Rights Division requesting an over-the-weekend turnaround to identify “any authorities [the Civil Rights Division] enforces that could help address the issue.”
Later that afternoon, Civil Rights Division attorney Pam Karlan was explicitly asked if there was anything more she wanted to share with leadership on this issue.
“No, there is nothing specific or public I can share,” she responded.
It was then relayed back to Sooknanan that “I think this is the end of the line,” to which she responded, “Thanks very much, Pam. I’ll pass this on.”
More DOJ Career Attorneys Raise Concerns
On Sunday, Oct. 3, one day before AG Garland’s memo was issued, yet another Civil Rights Division attorney expressed serious concerns about the DOJ taking any actions based on the NSBA memo.
In an email, the attorney warned that no federal authority existed that supported targeting parents exercising their First Amendment rights, saying, “it seems that we are ramping up an awful lot of federal manpower for what is currently a non-federal conduct.”
These concerns were expressed directly to Robert Moossy, the Deputy Assistant Attorney General for Civil Rights, who had been specifically looped in by Sparkle Sooknanan the previous day.
By the morning of October 4, a draft memo had already been completed. At 9:12 a.m., Myesha Braden from the Office of the Deputy Attorney General emailed an “amended” draft, which apparently removed language pertaining to election integrity, following concerns raised by the Criminal Division that election language “would be seen as partisan.”
Four minutes later, Shaylyn Cochran from the Civil Rights Division sent the draft memo to others, including Moossy within the Civil Rights Division, asking if any concerns should be raised.
Later that day, the DOJ published the memo to the Federal Bureau of Investigation, U.S. Attorneys, and law enforcement agencies nationwide.
Despite numerous DOJ career attorneys independently raising serious concerns related to targeting parents and issuing a memo, ranging from a lack of statutory authority, to constitutionally protected speech, and a distortion by the NSBA of the facts on the ground, political leadership at DOJ—including now Judge Sparkle Sooknanan—pushed forward and published the now infamous Garland memo.
As AFL has previously shown, this memo blindsided several of the components charged with implementing it, thus fulfilling AFL’s prediction that the “normal clearance process … [was] bypassed or corrupted.”
AG Garland’s memo mobilized the full force of the federal government’s firepower against concerned parents—not to protect schools, but to silence dissent.
Statement from Gene Hamilton, America First Legal President:
“The Biden Administration appears to have engaged in a conspiracy that was ultimately aimed at depriving parents of two fundamental rights—the right to speak, and the right to direct the upbringing of their children. They did so with political intentions, most immediately by attempting to influence the Virginia gubernatorial election, and to more broadly chill dissent across the United States. America First Legal has been the tip of the spear exposing this wrongdoing for nearly four years, and we will not cease seeking to expose and hold accountable those involved.”
Statement from Dan Epstein, America First Legal Vice President:
“What these documents show—almost four years after America First Legal requested them—is a clear connection between the Biden White House and the Garland Justice Department to prosecute parents concerned about the children’s education.”
Statement from Ian Prior, America First Legal Senior Advisor:
“The Garland Memo is one of the most scandalous attempts to deprive Americans of their rights in the history of our republic. When the great awakening of parents occurred in 2021, the Biden Administration was desperate to put a stop to it before it could impact the Virginia gubernatorial election. Instead, anyone with half a brain could see the unfathomable scandal unfolding, the course of history in Virginia was altered, and parents refused to surrender their rights; rights which are now being so forcefully defended and jealously guarded by the Trump Administration and vindicated by the United States Supreme Court.”
Statement from Andrew Block, America First Legal Senior Counsel:
“The Biden Administration wanted Americans to believe that the October 4 Memo was a run-of-the-mill law enforcement response to concerns raised by teachers and threatened school board administrators. But America First Legal has said all along that this was a political operation. Today, we have conclusively proven that this was not a routine law enforcement response, but rather a political agenda rammed through under the guise of an organic response. When asked for an authority on which to base targeting parents, senior and long-serving Justice Department officials told the Biden Administration there was no authority and this was First Amendment protected activity, but Garland’s weaponized Justice Department proceeded anyway.”
Read the full document production here.
Read more about the investigation here.
