America First Legal (AFL) has initiated an investigation into the involvement of former FBI Deputy Director Andy McCabe and his wife, Jill McCabe, with Attorney General Merrick Garland's October 4, 2021 memo. This memo mobilized federal counter-terrorism resources against parents who were vocal at school board meetings in Loudoun County.
The concerns from parents began in 2020 over issues such as school closures, Critical Race Theory (CRT), and transgender policies. In March 2021, a criminal investigation was launched by the Loudoun County Sheriff’s Office into a Facebook group called “The Anti-Racist Parents of Loudoun County,” which allegedly targeted outspoken parents. This group included six school board members and other local officials.
On May 28, 2021, an incident at Stone Bridge High School involved a father upset over the sexual assault of his daughter. An FBI agent later showed interest but lost it upon learning local law enforcement was handling the case.
Throughout 2021, reports were made to law enforcement by school board members about alleged threats related to their advocacy for certain policies. Jill McCabe became an advisor to the Loudoun County School Board on December 17, 2020.
During a June meeting in 2021 about transgender policies, public comments were cut short after applause for a critical speaker. Scott Smith was arrested following this meeting after confronting a member of "The Anti-Racist Parents."
Jill McCabe had previously run for Virginia Senate in 2015 with significant campaign donations from entities linked to then-Governor Terry McAuliffe. Andy McCabe later spoke at a Loudoun County Public Schools event shortly after Garland's memo was issued.
In September 2021, the National School Boards Association requested federal action under the PATRIOT ACT against protesting parents. Garland's subsequent memo promised protection against violence and harassment and encouraged reporting threats to the FBI.
AFL quickly questioned whether this memo was improperly influenced by political motives. A House Weaponization Committee report revealed that multiple investigations were opened by the FBI following Garland's directive but only one warranted further action.
Will Scolinos from AFL stated: “The FBI exists to protect everyday Americans from critical threats—not to target them for speaking out against injustice...This investigation follows up on our prior work by focusing on whether the FBI was directly or...indirectly involved in the whole-of-government assault on parental rights in Loudoun County.”
AFL continues to demand transparency regarding any potential collusion involving federal agencies targeting parents' rights advocacy.