AG Garland just agreed that, despite the letter from the National School Boards Association, he does not see any basis for using the Patriot Act against parents in school board meetings...
...That is heartening though hardly surprising given the definition of domestic terrorists. However, the answer begs the question on the basis for the intervention laid out in the DOJ memorandum. There are ample state and local laws to combat any criminal threats.
...The memo creates a nationwide effort to "address threats against school administrators, board members,
teachers, and staff," including "open dedicated lines of communication for threat reporting, assessment, and response." ...
...There is no evidence in the memo indicating an interstate conspiracy or violent pattern. Yet, there is a promise to monitor such school meetings. The concern is with the chilling effect created by such federal monitoring and promises of a federal "response."
...It is akin to the police following you down the highway in case you commit a violation. It can have an impact on free speech. The question is whether such a federal program (in addition to local and state enforcement) is warranted under the examples given by the school boards.

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More from @JonathanTurley

18 Oct
Vice President Kamala Harris has taped an endorsement of McAuliffe that is being played at hundreds of African American churches around the state. The problem is the “Johnson Amendment” makes such political pitches in churches a violation of federal law. jonathanturley.org/2021/10/18/did…
The IRS warns that such violations will not be tolerated because tax-exempt groups “are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.”
...Putting aside any violation, it is notable that the Democrats used the opposition to the Johnson Amendment by former President Donald Trump as a rallying cry in the last election...
Read 4 tweets
17 Oct
Many of us criticized President Trump for crossing the line on seeking to influence the Justice Department. A chorus of legal experts declared such public comments to be an attack on the rule of law. Those voices are now largely silent...jonathanturley.org/2021/10/17/bid…
...Biden’s call for prosecutions ignores the fact that most of the Democratic leadership supported the Obama Administration in refusing to even submit contempt cases to grand juries. That was the case with Eric Holder in the “Fast and Furious” investigation...
...If the Democrats seek the prosecution of these Trump officials, they will have to step over a mountain of hypocrisy on such cases...
Read 4 tweets
11 Oct
Activists have announced plans to "birddog" Sinema during the Boston marathon despite every indication that such harassment is only deepening her resolve. newsweek.com/activists-foll… It is similar to the running of billboards to push Justice Breyer to retire.
jonathanturley.org/2021/09/12/wha…
It is extremely unlikely that such hounding will lead to a change of position. Few public figures want to be seen yielding to such over-the-top tactics. So these well-funded campaigns are not about actually producing changes but rather venting rage.
Indeed, the campaigns make it less likely that these figures will yield. However, they are good for raising money. The irony is that they are only undermining the causes that they claim to support -- pushing these figures to reaffirm rather than change their positions.
Read 4 tweets
20 Sep
Professor Magarian insists that Alkilani was engaging in free speech by tearing down the 9-11 flags and criticizing the position of the school for not recognizing the discomfort for many in seeing the flags as a “powerful, contestable political statement.” jonathanturley.org/2021/09/20/law…
...“Making that statement without acknowledging how the flag display itself might have impeded other individuals’ ability to commemorate their losses and process their trauma constitutes an endorsement of the College Republicans’ contestable political portrayal of 9-11.”
...I fail to see why the university statement defending the right of people to create and observe such a memorial must be accompanied by a statement that the display “impeded others” in being able to deal with their own “losses and process their trauma.”
Read 5 tweets
16 Sep
The indictment of Sussman is detailed and damning. It alleges that he hid the fact that he was working for the Clinton campaign in pushing the false Russian claim. ..jonathanturley.org/2021/08/16/bew…
...Here is the indictment. Notably it refers to his work with a "Tech Executive" who was promised a job in the Clinton administration. It also quotes recognition of the lack of factual support. washingtonpost.com/context/u-s-v-…
One researcher states "The only thing that drive[s] us at this point is that we just do not like [Trump]. This will not fly in eyes of public scrutiny. Folks, I am afraid we have tunnel vision."
Read 4 tweets
10 Sep
In the ultimate admission against interest, Klain admitted that the OSHA vaccine mandate was a mere “work around” limits imposed on the federal government. The problem is that the thing being “worked around” is the Constitution...jonathanturley.org/2021/09/10/adm…
...The question is whether this clever work around will in fact work. It might, but there are ample grounds from challenge. OSHA could impose a federal mandate for any measure that impacts workers, including public health measures not directly linked to a given workplace or job.
The move is unnecessary and therefore reckless. There are already challenges to the law which the Justice Department could join as amicus. It would then not have to risk the creation of additional losses in court after the impressive litany of losses of the Biden Administration.
Read 4 tweets

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