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Protect the Public’s Trust-obtained document shows DOJ's vigorous effort to implement Garland Memo

Justice

A document procured by Protect the Public’s Trust (PPT) via the Freedom of Information Act (FOIA) discloses that the U.S. Department of Justice (DOJ) directed hundreds of DOJ officials nationwide to collaborate with local law enforcement agencies in executing the "Garland Memo." This revelation challenges prior statements from the DOJ, which sought to minimize the memo's significance.

In a press release issued by PPT, it is stated that the FOIA document is a memorandum from the DOJ dated October 20, 2021. The memo commanded all U.S. Attorneys and other DOJ personnel "to convene in partnership with the FBI meetings with appropriate law enforcement agencies" to "assess and discuss trends in violations of criminal laws regarding harassment, intimidation, threats of violence, and actual violence against school officials, teachers, and employees."

The PPT press release further elaborates that the memo required approximately 500 high-ranking DOJ officials to conduct these meetings by November 3, 2021. This directive followed the October 4, 2021 "Garland School Board Memo," which was released less than a week after the National School Board Association appealed to President Joe Biden for law enforcement assistance. This appeal was due to an alleged increase in threats from parents towards school board members during school board meetings.

The PPT press release also mentions a federal judge's dismissal of a lawsuit from parents who claimed that the Garland Memo infringed upon free speech rights last September. The judge was quoted by PPT as saying, "The alleged AG Policy is not regulatory, proscriptive, or compulsory in nature because it does not impose any regulations, requirements, or enforcement actions on individuals." Furthermore, he added: "None of the documents that the plaintiffs allege establish the policy create an imminent threat of future legal actions against anyone, much less the plaintiffs."

According to another statement in PPT's press release, the memo obtained by PPT demonstrates that the DOJ "vigorously" pursued the issue and attempted to federalize local and state affairs. PPT highlighted some of the subjects the DOJ aimed to discuss at these meetings, including "how victims can be supported," "state, local, Tribal, and territorial laws that address this conduct," "relevant federal laws and the appropriate exercise of federal law enforcement authority," and "resources for threat mitigation."

In a statement in the press release, PPT Director Michael Chamberlain said: "DOJ and FBI officials stated publicly that enforcement of the school board memo was not a focus, but committing the volume of resources required by the directive PPT has uncovered reveals that exactly the opposite was true." He added: "They said all the right things about respecting the First Amendment rights of parents, but it certainly seems like they were ready to crank up the federal law enforcement apparatus over contentious school board meetings."