Washington, D.C. — Newly released documents reveal that the Biden administration’s Department of Justice (DOJ) and the White House secretly coordinated over a controversial memo that targeted outspoken parents at school board meetings — despite repeated denials of such cooperation.
The internal emails, uncovered by the conservative legal group America First Legal, shed light on the lead-up to then-Attorney General Merrick Garland’s October 2021 directive that mobilized the FBI to respond to what the DOJ described as a “disturbing spike” in threats against school officials.
In one October 1, 2021 email, DOJ official Kevin Chambers noted, “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.” This came shortly after the National School Boards Association (NSBA) sent a letter to the White House urging federal action against parents who were protesting COVID-19 rules, critical race theory, and gender policies.
Garland’s October 4 memo was issued days later, sparking backlash from Republicans and parent groups who said it framed passionate parents as domestic terrorists. The NSBA later retracted its letter, but Garland defended the DOJ’s response in congressional testimony, insisting it acted independently of the White House.
However, the email cache reveals internal concerns within the DOJ about overstepping federal boundaries. One DOJ attorney warned on October 3 that “the vast, vast majority of the behavior cited cannot be reached by federal law,” and emphasized that “almost all of the language being used is protected by the First Amendment.”
Another official, Sparkle Sooknanan — who later became a Biden-appointed federal judge — had kicked off internal discussion with a weekend email urgently asking if the DOJ’s Civil Rights Division could take action based on the NSBA’s claims.
Critics argue the DOJ’s swift response to a politically charged letter was evidence of improper coordination with the White House. “This was a conspiracy aimed at depriving parents of two fundamental rights — the right to speak and the right to direct the upbringing of their children,” said America First Legal president Gene Hamilton.
In response, defenders of the Biden DOJ have pointed to growing threats against school board members and staff at the time, arguing the response was intended to protect public servants from harassment.
The controversy mirrors broader concerns about the eroding independence between the executive branch and the DOJ. While Garland insisted the department acted on its own, the emails suggest the White House was far more involved than previously acknowledged.
The revelations also contrast with how the Trump administration has handled DOJ coordination. In recent months, Trump has issued executive orders directing the DOJ to investigate former officials critical of his presidency. Former DOJ staff have expressed alarm over the blurred lines between the DOJ and the White House, warning that what was once a strict separation “is very definitely gone.”
