The National School Boards Association is now in legal hot water over its infamous letter to the Biden Justice Department that the Patriot Act be used to authorize the FBI to investigate concerned parents for ‘domestic terrorism and hate crimes.’
The House Judiciary Committee has now announced an investigation into the NSBA for potential coordination with the Biden White House:
— House Judiciary GOP (@JudiciaryGOP) October 27, 2021
The letter can be read in the document below:
“House Judiciary Republicans just launched a new investigation into the National School Boards Association demanding they provide all documents and communications between the NSBA, Biden White House, and Department of Justice by Nov. 10, 2021, Rep. Thomas Massie (R-KY) announced. The House Judiciary Committee letter was signed by 13 committee members.
House Judiciary Republicans just launched a new investigation into the National School Boards Association demanding they provide all documents and communications between the NSBA, Biden White House, and Department of Justice by Nov. 10, 2021. https://t.co/NB4f796Glv
— Thomas Massie (@RepThomasMassie) October 27, 2021
The National School Boards Association earlier retracted the “domestic terrorism” language in its letter. However, at the Senate hearing on Wednesday, Attorney General stood by the DOJ’s infamous memo to unleash the FBI on concerned parents of schoolchildren.
“I assume you’re going to revoke your extremely divisive memo that you said was instigated because of that letter?” Senator Grassley asked Garland at the hearing.
The Attorney General stood by his decision, even as he was completely humiliated for not even reading the evidence submitted by the NSBA. Now, lawmakers want to know if it was all a big set-up by the Biden administration to chill parents’ free speech.
Earlier, Becker News reported that a lawsuit had been filed alleging that the Biden administration had colluded with the NSBA, which was used as a front group for more radical education groups. America First Legal sent a memo to the Department of Justice’s Inspector General Michael E. Horowitz over the matter.
America First Legal describes itself as “a national, nonprofit organization, working to promote the rule of law, prevent executive overreach, ensure due process and equal protection for all Americans, and promote knowledge and understanding of the law and individual rights guaranteed under the Constitution and laws of the United States.”
The AFL claimed that the Biden administration colluded with left-wing education groups to rationalize FBI targeting of parents in the letter, which was posted online.
“Key Biden Administration stakeholders, including the National Education Association, the American Federation of Teachers, and others, have combined to oppress, threaten, and intimidate parents to chill and prevent them from exercising the rights or privileges secured by the Constitution. To date these efforts, though extensive, have generally proven ineffectual.”
“In early September, Biden Administration stakeholders held discussions regarding avenues for potential federal action against parents with a key Biden Domestic Policy Council official (Jane Doe #1) and White House staff
(John Doe #1). Stakeholders also held discussions with senior department officials, including at least one political appointee in the department’s Civil Rights Division (Jane Doe #2). Jane Doe #1, John Doe #1, and others in the White House separately expressed concern regarding the potential partisan political impact of parent mobilization and organization around school issues in the upcoming midterm elections,” the letter continued.
“Upon information and belief, at the express direction of or with the express consent of Jane Doe #1, Jane Doe #2 and other Biden Administration officials developed a plan to use a letter from an outside group (“not the usual suspects”) as pretext for federal action to chill, deter, and discourage parents from exercising their constitutional rights and privileges,” the letter said.
“Upon information and belief, in or about mid-September work began on development of what became the Attorney General’s Memorandum. Concerns expressed by department staff included (1) the absence of federal law enforcement nexus and authority, and (2) the constitutionally protected nature of parent protests. However, Jane Doe #2 made it clear this was a White House priority and a deliverable would be created,” the legal memo added.
The AFL legal memo points to the citation of legal authorities in the Patriot Act to skirt jurisdictional issues over the FBI deploying for the purposes of blanket surveillance and intimidation of parents who oppose the radical Critical Race Theory curriculum.
“On or about September 29, citing legal authorities including the Patriot Act, the ‘National School Boards Association’ made public a letter demanding federal action against parents citing authorities including the Patriot Act. The justification for federal action included, inter alia, parents were ‘posting watchlists against school boards and spreading misinformation (sic) that boards are adopting critical race theory curriculum and working to maintain online learning by haphazardly attributing it to COVID-19.’ It is not yet clear whether and to what extent drafts of this letter were shared with Biden Administration officials, including Jane Doe #1 and Jane Doe #2, and whether changes were suggested or made by them, prior to the ostensible public release date.”
The letter concludes with a call to investigate the Department of Justice’s collusion with outside groups.
“Accordingly, we request your Office investigate whether the Attorney General’s Memorandum was formulated and issued based on improper considerations. At this point, the dangers inherent in the undue politicization of the department’s criminal and civil law enforcement authorities, and in the corruption of the department’s standard order and process, should be evident,” Reed Rubinstein, the AFL’s Senior Counselor and Director of Oversight and Investigations, closed the letter.
NSBA cites a tiny number of minor incidents in order to insinuate that parents who are criticizing and protesting the decisions of school boards are engaging in, or may be engaging in, “domestic terrorism and hate crimes.” NSBA even invokes the PATRIOT Act. The association of legitimate protest with terrorism and violence reveals both your contempt for parents and your unwillingness to understand and hear the sincere cries of parents on behalf of their children. To equate parents with terrorists dishonors the thousands of victims of actual terrorism around the world. Have you no shame?
The parent organizations called it a “thinly veiled threat, intended to intimidate into silence and submission the very constituents that [the NSBA] members ostensibly represent.”
There is a high degree of likelihood that there was some coordination between the NSBA and the Biden administration over the ‘domestic terrorists’ memo. The hot-button issue has become a volatile one and the Democratic Party is now afraid of the coming blowback from parents in the mid-term elections and local school board elections. They should be afraid.
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OPINION: This article contains commentary which reflects the author's opinion.