Senator Josh Hawley (Republican from Missouri) questioned Attorney General Merrick Garlands' deployment of the FBI in order to intervene in local school board issues in an exchange Tuesday night with Garlands deputies at a Senate Judiciary Committee hearing.
Garland had sent a memo to the FBI and Justice Department the day before asking them to address the increase in criminal conduct against school personnel. This was what Hawley, along with other critics, see as an attempt to silence parents who oppose the adoption of critical race theory or other leftist ideas in their schools districts.
Hawley asked Lisa Monaco, Deputy Attorney General, if it is harassment or intimidation to wait to speak out at a school board meeting.
You can view the video below or the transcript to see Monaco's response and Hawleys request that Garland answer questions in front of the committee.
The exchange between Senator Josh Hawley, Deputy Attorney General Lisa Monaco about the recent memo of the attorney general to address threats against school board officers and educators. This is as the local debate continues over critical race theory or mask mandates. pic.twitter.com/PXeMtPkKgX CSPAN (@cspan) October 5, 2021
Sen. Josh Hawley (Senator): Ms. Monaco! I'd like to refer back to the extraordinary letter and memo that the Attorney General of the United States issued yesterday.
Every day brings new information about how the administration uses federal bureaucrats to target political opponents. It's quite unlike anything we have ever seen in American history. For those of you who didn't see the McCarthy era, this president seems determined to bring it back, but with a new force, new power, and a new urgency unlike any we have ever seen.
Do you know of any instance in American history where an attorney general directed the FBI not to interfere in local school board meetings or school board meetings?
Lisa Monaco, Deputy Attorney General: I'm not aware of that and that it isn't happening. Let me be very clear.
Hawley: Are you serious? This does not concern local school board meetings. This is not the topic of the memorandum. That was what I believed was in the memorandum.
Monaco: The memorandum has a very clear structure. It is one page long and asks the U.S. Attorney Community and FBI special agents in Charge to convene the state and local law enforcement partners to ensure there's open communication to address threats and violence. That is the proper role of the Department of Justice to ensure that we address criminal conduct and violence.
Hawley: At local schools board meetings? Let me ask you: Are parents waiting for hours to speak at local school board meetings to voice concerns about critical racism theory or the masking students, especially young ones, is that harassment? Is it harassment or intimidation to wait to voice one's opinion at a school board meeting?
Monaco: The attorney general's memorandum makes it clear that spirited debate is an asset to this country. It is something that we should all engage in, and it is something that everyone should be allowed to engage in.
Hawley: I don't think so, Ms. Monaco. It didn't make it very clear, with all due respect. These terms are not defined. Nor does it include harassment and intimidation. It speaks about violence. We can all agree that violence should not be tolerated, ignored or swept under the carpet. What does harassment and intimidation mean when they are used in relation to a meeting of the local school board?
We talk about the chill and the chill to speech in the First Amendment context. This isn't an attempt to discourage parents from attending school board meetings. I don't know of any similar incident in American history. This is the FBI. You're using the FBI to interfere in school board meetings. Thats extraordinary.
Monaco: Senator, I respectfully disagree. This is not the case.
Hawley: Please point me to an example.
Monaco: The memorandum of the attorney generals made it clear that violence was not acceptable. This country's essence is spirited public discussion on a wide range of topics.
Hawley: Why is the FBI investigating it?
Monaco: It's not. If a situation becomes violent, law enforcement is best suited to handle it.
Hawley: This memorandum goes beyond violence. It speaks about intimidation and harassment. I ask you to draw some boundaries. This is what we do all the time within the First Amendment context. This is the essence and sum of First Amendment law. I expect you'll be available to do it now. Please tell me what the policy is for parents who want to voice their concerns and wait hours at school board meetings.
The videos have been seen by all. In my state, this has been the case. Parents have waited hours. Sometimes, the school board meeting has been stopped before parents speak because they don't want to be heard. Parents are now told that if they don't wait to express their opinions, they could be subject to intimidation.
Monaco: Senator, I don't know who is telling them that. The Justice Department's job is to investigate criminal acts. It is the responsibility of the Justice Department and local police to investigate and deal with violence when it occurs. The memorandum to the attorney generals asked the U.S. attorneys community, FBI, and their counterparts for a clear line of communication. They were to report any threats to the FBI on a regular basis. The Justice Department's job is to investigate criminal conduct.
Hawley: This is simply extraordinary. It is, I believe. It's unprecedented. It is impossible to find a single case where something like this has ever happened before.
Parents across the country will be shocked to discover, stunned, that they have the rights to attend a local school board meeting, where they can be heard and speak up about their children's education, and where they can vote. You are trying to intimidate them. You want to silence them. You want to interfere with their parental rights and, yes, their voting rights.
This is wrong and dangerous. I can't believe an attorney general in the United States would engage in such conduct. It is truly unbelievable that you are defending it today.
These questions are important to me. I won't get the answers to my questions. These are the questions I'm going to answer.
We need to hold a hearing on the subject, Mr. Chairman. The attorney general needs to be heard. He should come to the table, take the oath and sit down to answer any questions. This is something we haven't seen in the history of our country and I will be honest, it is a dangerous precedent.
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