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Republican members of the Senate Judiciary Committee sent a letter to Attorney General Merrick Garland urging him to tell Americans that the Department of Justice will not and should not attempt to silence those who voice opposition to their national and local policies. The letter was a response to a memo sent to Justice Department employees that raised concerns that federal authorities are investigating those who do just that.
Garland’s memo dealt with efforts to bring in federal authorities to address violence, threats, harassment and intimidation against school officials. Republicans have expressed concern that this is too vague and broad and that it gives the impression that parents who strongly voice their opposition to the policies will find themselves facing a federal inquiry.
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“We are concerned about the emergence of the Department of Justice which controls the speech of concerned citizens and parents,” said the letter, sent Thursday by senators led by a high-ranking member of the committee, Senator Chuck Grassley, R-Iowa. “We urge you to make it very clear to the American public that the Department of Justice will not interfere with the rights of parents to appear before school boards and speak with educators about their concerns, whether regarding related measures. to coronavirus, teaching race criticism theory in schools, sexually explicit books in schools, or any other topic.In addition, we urge you to ask the FBI and various United States prosecutors to clarify in the meetings discussed above that democratic rhetoric and processes, such as those that occur at a local school board meeting, must be adhered to. “
Republicans acknowledged that real violence and clear threats of imminent violence “are not protected speech and have no place in the public discourse of a democracy,” while stating that many of the examples that have been given were nothing more than “stormy encounters”.
Garland’s note came days after the National School Boards Association sent a letter asking the Biden administration to help tackle attacks, threats and intimidation against school officials. The letter called for the use of various measures, including the PATRIOT Act – a tool used to fight terrorism – to address their concerns.
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“‘Real threats’ include statements in which the speaker intends to communicate a serious expression of intent to commit an act of unlawful violence against a particular individual or group of individuals,” the letter said from the Republicans, referring to to a legal standard set in a 2003 Supreme Court Decision. “Parents who are angry with school board members, and even verbally attack them on a personal level, do not necessarily make real threats, and they do not necessarily make real threats. It’s not the job of law enforcement – and it can’t be the job of law enforcement, especially the FBI – to make sure parents are kind to their elected officials. These are certainly not national terrorists who require the use of tools such as the PATRIOT Act and the expertise of the National Security Division. “
Members of the GOP committee pointed out that the letter from the NSBA referred to a news article in which several incidents were mentioned, such as large crowds showing up at meetings to address issues that were not relevant to the issue. agenda and people refusing to wear masks at a meeting protesting a school district’s requirement that students wear masks.
“A large number of citizens expressing their concerns in an appropriate forum is beyond the purview of law enforcement, and it is even more difficult to imagine what role federal law enforcement would play in such a scenario.” , indicates the letter.
Republicans have also said that refusing the mask is “a lot like civil disobedience to protest public order, a tactic that Democrats often see as virtuous when it comes to policies they oppose.”
Even if not wearing masks violated the law, they said, “it is at best a minor offense totally unworthy of the attention of the federal government.[.]”
The letter concluded by saying that it was inappropriate for the federal government to use its “awesome powers” to “overrule those who challenge local school boards.”
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“By even suggesting this possibility,” he added, “important speeches by American citizens will be chilled in school board meetings across this country. Your job now is to make it clear to all stakeholders and the people. America that such action is decidedly not the role of the federal government or the role of any other government in the United States – indeed, it never can be. ”
In a hearing earlier this week, Deputy Attorney General Lisa Monaco said the government would only get involved in actual violence – despite the memorandum’s inclusion of harassment and intimidation – and that it would not would not monitor school board meetings.
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