I simply can not overstate just how much of a bullet the U.S. dodged by McConnell keeping this partisan political hack off the Supreme Court.
America First Legal Releases Documents Revealing the FBI’s Counterterrorism Division Wanted the DOJ to “Reconsider” AG Garland’s Infamous Memo Targeting American Parents
WASHINGTON, D.C. – Today, America First Legal (AFL) released Federal Bureau of Investigation emails showing that FBI lawyers were kept in the dark about Attorney General Merrick Garland’s infamous memorandum weaponizing the federal government’s anti-terrorism authorities against American parents.
On October 4, 2021, AG Garland issued a memorandum to address alleged “Violent Threats Against School Officials and Teachers.” The Biden Administration promised to create a “task force,” including the “Criminal Division, National Security Division, Civil Rights Division, the Executive Office for U.S. Attorneys, the FBI, the Community Relations Service and the Office of Justice Programs to determine how federal enforcement tools can be used to prosecute” parents, and to help local law enforcement prosecute parents in cases “where threats of violence may not constitute federal crimes.”
On October 7, 2021, AFL requested the Department of Justice Office of Inspector General investigate “whether the Attorney General’s Memorandum was formulated and issued based on improper considerations.” AFL highlighted serious irregularities, including evidence demonstrating that the memorandum’s stated justification was a fabricated pretext by the Biden White House to chill parents’ speech and political action. Among other things, AFL pointed out that “the normal clearance process and standard order both within the department (including legal sufficiency review by the Office of Legal Counsel, the Civil Rights Division, the Criminal Division, the Office of Legal Policy, and other components), and between the department and the White House Counsel’s Office and the Office of Management and Budget, [had been] bypassed or corrupted.”
On March 21, 2023, the Select Subcommittee on the Weaponization of the Federal Government and the House Judiciary Committee released an interim staff report showing “no legitimate basis” for AG Garland’s memorandum. The report, based on an initial set of materials produced in response to the Committee’s subpoenas to the Department of Justice, the Federal Bureau of Investigation, and the Department of Education, cites emails describing the Biden Administration’s justification for federal action as “manufactured,” and states that the Biden Administration’s goal “seems to have been silencing the critics of its radical education policies and neutralizing an issue that was threatening Democrat Party prospects in the close gubernatorial race in Virginia.”
On March 22, 2023, AFL received a FOIA production from the FBI in response to a request for records made eighteen months earlier. Though only two pages in length, this production paints a stunning picture of the internal conversations circulating at the DOJ on the day the unprecedented memo was issued.