By Martin Mawyer | Christian Action Network
WASHINGTON, D.C., October 19, 2026 — A newly released Department of Justice report has detailed how federal officials pursued investigations involving parents and school board controversies during the Biden administration, despite objections from Justice Department attorneys and FBI personnel who questioned the legal basis and potential constitutional consequences of the effort.
The October 5 report, issued by the Justice Department's Weaponization Working Group, examines the origins and implementation of an October 4, 2021 memorandum from then-Attorney General Merrick Garland addressing threats against school officials.
According to the department, the FBI opened 25 Guardian assessments connected to the school board controversy. The review also uncovered internal communications in which federal officials questioned whether the Justice Department had sufficient grounds to involve federal law enforcement in disputes that often concerned local school policies.
The report has prompted the Justice Department to announce new procedures for reviewing investigative records, providing information to affected individuals, and determining whether constitutional rights were violated.
How the federal investigation began
The controversy originated during the COVID-19 pandemic, when school boards across the country faced contentious meetings over mask mandates, school closures, curriculum decisions, and other education policies.
On September 29, 2021, the National School Boards Association sent a letter to President Joe Biden requesting federal assistance in addressing threats and confrontations involving school officials.
The association suggested that some incidents might warrant examination under federal laws addressing domestic terrorism and hate crimes.
Five days later, Garland issued a memorandum directing federal law enforcement agencies to coordinate with state and local authorities on reported threats against school personnel.
The memorandum cited an increase in harassment, intimidation, and threats of violence.
The new Justice Department report questions the development of that memorandum, including the involvement of White House officials and efforts by DOJ leadership to identify possible federal criminal statutes that could apply.
FBI opened 25 assessments
One of the report's central findings concerns the FBI's use of Guardian assessments, an investigative process for evaluating information about possible threats or criminal activity.
According to the Justice Department, 25 such assessments were opened in connection with the school board controversy.
The department also described cases involving parents whose political associations or opposition to school policies became part of investigative scrutiny.
In one case, according to the DOJ, an FBI field office interviewed a mother whose membership in Moms for Liberty was described in investigative materials as an affiliation with a right-wing parents' group.
In another, a father opposed to mask mandates became the subject of investigative attention after a tip characterized him as fitting the profile of an insurrectionist.
The department reported that some of the investigations involved personnel associated with the FBI's Counterterrorism Division and Weapons of Mass Destruction Directorate.
The existence of an FBI assessment does not, by itself, establish that an individual committed a crime or that prosecutors brought charges.
Internal objections raised constitutional concerns
The working group's report includes communications from more than a dozen DOJ and FBI personnel who expressed reservations about the 2021 memorandum.
Some questioned the federal government's jurisdiction over incidents at local school board meetings. Others raised concerns about political appearances and the First Amendment rights of parents.
Among the concerns documented by the working group were characterizations of the initiative as potentially political and legally problematic.
One internal comment described the effort as "potentially dangerous ground." Another questioned whether particular incidents involved "nothing remotely federal."
The Justice Department's current leadership concluded that the memorandum resulted from pressure involving the Biden White House and contributed to the inappropriate use of federal investigative resources against parents.
That conclusion is the department's finding from its retrospective review. It does not establish that every assessment violated the Constitution or that every reported threat against school officials was unfounded.
DOJ announces review of investigative files
In response to the working group's findings, Attorney General Todd Blanche's Justice Department announced several corrective measures.
Parents and other school board participants who became subjects or targets of FBI Guardian assessments resulting from the Garland memorandum will be offered an opportunity to review their investigative records.
The department also plans to attach disclaimers to affected Guardian assessments, noting the constitutional concerns associated with the original memorandum.
Investigative files will undergo further review to determine whether individual constitutional rights were violated.
Where such violations are established, the department says it will issue formal apologies and implement internal safeguards intended to prevent similar violations.
The Justice Department also announced a $1.5 million award to the National Association of School Resource Officers for training and technical assistance concerning parental rights.
These measures represent announced departmental actions. Their implementation and the outcomes of individual file reviews remain separate questions.
Education Department joins parental-rights initiative
On the same day the DOJ released its report, the Justice Department and Department of Education sent a joint letter to state attorneys general addressing existing federal protections for parents.
The letter emphasized obligations under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
FERPA generally protects access to students' education records and provides parents with rights involving those records. PPRA establishes protections concerning certain sensitive student surveys, evaluations, and related activities.
The two departments also announced an enforcement action concerning Los Angeles Unified School District policies that federal officials say improperly withhold certain information about students from their parents.
Education Secretary Linda McMahon said the administration intends to strengthen enforcement of federal parental-rights protections.
The action involving Los Angeles is a separate education-law enforcement matter from the DOJ working group's review of the 2021 Garland memorandum, although both were announced as part of the administration's broader parental-rights initiative.
Christian Action Network announces Parents' Bill of Rights campaign
View Martin’s petition to the DOJ.
Following the federal report, Christian Action Network (CAN) announced a Parents' Bill of Rights campaign focused on preventing government agencies from improperly investigating or intimidating parents engaged in constitutionally protected participation in public education.
The organization has developed a petition addressed to Attorney General Todd Blanche titled "Never Again: Protect Parents From Government Hostility."
The petition requests greater transparency concerning federal investigations of parents, clear distinctions between protected speech and credible criminal threats, and safeguards intended to prevent future constitutional violations.
CAN also supports consideration of additional federal protections through a Parents' Bill of Rights initiative.
The petition campaign is a separate advocacy effort organized by Christian Action Network. It is not part of the Justice Department's official review.
Petition information: Christian Action Network's Never Again: Protect Parents From Government Hostility petition is available online at ChristianAction.org.
What happens next
The Justice Department has committed to reviewing files connected to the 2021 memorandum, making certain investigative information available to affected individuals, and taking corrective action where constitutional violations are identified.
The Education Department and DOJ are also pursuing enforcement of existing federal parental-rights laws.
Whether those actions result in additional formal protections, changes to investigative policy, or new legislation remains to be determined.
The immediate significance of the October 5 report is its documentation of federal investigative activity involving school board controversies and the internal legal and constitutional objections that accompanied it.
Martin Mawyer is the founder of the Digital Intelligence Project and the President of Christian Action Network. He hosts the “Shout Out Patriots” podcast and wrote When Evil Stops Hiding. For more action alerts, cultural commentary, and real-world campaigns defending faith, family, and freedom, subscribe to Patriot Majority Report.