Newly released emails have revealed that the Biden administration was in communication with the Department of Justice (DOJ) ahead of a controversial 2021 memo that categorised certain outspoken parents at school board meetings as potential domestic threats. These parents had voiced opposition to COVID-19 policies and curriculum involving gender and sexuality.

The documents, obtained through a Freedom of Information Act request, include internal DOJ correspondence discussing a letter from the National School Boards Association (NSBA). That letter asked for federal intervention in response to what it described as increasing threats and acts of violence against school officials and educators across the country.

Just days after the letter was sent, Attorney General Merrick Garland—serving under President Biden—issued a memo directing federal law enforcement to assist local agencies in addressing what he called a troubling rise in harassment and intimidation of school personnel.

Critics argued that the move infringed on the rights of parents to freely speak at public meetings. While Garland maintained that the DOJ acted independently from the White House, the emails suggest the administration was already engaged on the matter. In one exchange, a DOJ official noted that the “White House has been in touch” regarding how the department might respond.

Further communications show that over the following weekend, DOJ staff were asked to urgently identify any legal authorities under civil rights laws that could apply to the situation. However, several DOJ attorneys expressed skepticism about the federal government’s role, with one noting that nearly all of the behaviour cited in the NSBA letter appeared to fall outside federal jurisdiction and was likely protected by the First Amendment.

Despite internal concerns about overreach and the lack of a clear federal basis for action, the memo was ultimately issued. The emails raise questions about the Biden administration’s involvement and its motivations, particularly as they relate to political timing and potential efforts to discourage public dissent.