Davis, Fischer join colleagues to request DOJ details on involvement in local school business

U.S. Rep. Rodney Davis (R-IL) and U.S. Sen. Deb Fischer (R-NE) recently joined fellow Republicans in their chambers seeking to determine if the U.S. Department of Justice (DOJ) is using federal law enforcement to intervene in local education matters.

“It is not the job of the federal government to institute a witch hunt against parents effectively penalizing them by investigating dissent,” according to an Oct. 8 letter Sen. Fischer and her Senate colleagues wrote to Attorney General Merrick Garland.

In both letters, lawmakers requested that Garland clarify his Oct. 4 memo about DOJ’s intention to investigate parents voicing concerns at local school board meetings.

“Threats of violence made against any public official should absolutely be investigated and prosecuted, if warranted, by local law enforcement. They are the appropriate entity to handle these situations,” said Rep. Davis in a related statement. “I do have great concern that FBI and U.S. Attorney intervention in local education combined with the vagueness of the Attorney General’s directives will have a chilling effect on public participation in school board meetings.”

Over the past several months, there has been increased civic involvement and participation at local government forums, specifically at school board meetings, according to the Oct. 7 letter Rep. Davis and more than 60 GOP members sent to Garland.

“Parents have every right to voice their opinion and speak out on actions taken by school officials, particularly those they elect,” Rep. Davis said. “The Attorney General has an obligation to guarantee that his DOJ will not inhibit the First Amendment rights of American citizens.”

In their letter, the senators called Garland’s Oct. 4 memo “an alarming attack” on parents’ Constitutional rights. 

“While we agree with the sentiment that there is absolutely no environment in which it is acceptable that school administrators, board members, teachers, and staff would be subject to real threats of violence, we believe any threat that constitutes a clear and imminent threat of intended violence should be investigated and prosecuted by local law enforcement officers,” Sen. Fischer and her colleagues wrote.

In both letters, the lawmakers requested that Garland answer several questions to provide clarity about his memo, such as what specific cases rise to the level of “criminal conduct,” and what federal laws are being violated by a parent’s speech that could trigger an actual DOJ prosecution, among several others.

Rep. Davis and his colleagues requested that Garland provide information to them no later than Nov. 15.

“As the top law enforcement officer in the United States, it is your responsibility to combat criminal behavior as well as defend the Constitutional rights of all Americans,” they wrote. “We hope you will take these duties seriously and not stifle free speech while moving forward with your investigations.”