America First Legal (AFL) has recently initiated an inquiry into the purported involvement of former FBI Deputy Director, Andy McCabe, and his wife, Jill McCabe, in the contentious memo released by Attorney General Merrick Garland on October 4, 2021.
The memo activated federal counterterrorism resources to tackle perceived threats against school officials, a measure that opponents claim was aimed at parents expressing their concerns during school board meetings.
The investigation focuses on the potential influence of the McCabes in drafting or supporting the memo, especially considering the politically charged atmosphere in Loudoun County, Virginia. Concerns raised by parents in the area include school closures, Critical Race Theory (CRT), transgender bathroom policies, and allegations of partisanship within the Loudoun County School Board.
In early 2021, there was a rise in tensions in Loudoun County as parents took to the streets to voice their concerns over several school policies. The Loudoun County Sheriff’s Office responded by initiating an investigation into a private Facebook group called “The Anti-Racist Parents of Loudoun County.” It was alleged that this group specifically targeted parents who were critical of the school board’s policies. Notably, some members of this group included school board officials and other prominent local leaders.
On May 28, 2021, a highly publicized incident occurred at Stone Bridge High School, where Loudoun County Public Schools (LCPS) initially minimized it as a “safety incident.” However, it was later uncovered that the incident involved the sexual assault of a student in a school restroom. This incident sparked controversy, with the FBI reportedly asking about the case but choosing not to intervene, considering it a local matter.
Jill McCabe, who joined the Loudoun County School Board as an advisor in December 2020, has been actively promoting various policies, including the implementation of transgender bathroom policies. However, her involvement in these initiatives and her public support have come under scrutiny during AFL’s investigation.
The controversy surrounding the issue gained momentum on October 4, 2021, with the issuance of a memo by Attorney General Garland. In the memo, he directed the FBI and federal prosecutors to address the threats faced by school officials. However, critics argued that the memo seemed to be targeting parents who engaged in protected First Amendment activities, such as expressing their concerns about school policies. This memo came in response to a letter dated September 29, 2021, from the National School Boards Association (NSBA), urging federal intervention under the PATRIOT Act to address alleged threats.
The FBI initiated 25 assessments with the “EDUOFFICIALS” threat tag, but only one of them led to a comprehensive investigation. Further scrutiny by congressional committees revealed that the memo was an effort to stifle parental opposition prior to the 2021 Virginia gubernatorial election.
The Garland memo has been heavily criticized by AFL for its alleged weaponization of government resources. AFL is now focused on investigating whether the McCabes, either directly or indirectly, played any part in the memo’s creation or execution. The inquiry is particularly interested in Jill McCabe’s association with the Loudoun County School Board and her active support for its policies.
“The FBI exists to protect everyday Americans from critical threats—not to target them for speaking out against injustice,” said Will Scolinos, counsel for AFL. “Our investigation will determine whether the McCabes were involved in this unconstitutional assault on parental rights in Loudoun County. Parents should never be treated as domestic threats for defending their children.”
The AFL is persistently calling for transparency in the federal government’s role in what they believe to be an unconstitutional crackdown on parents. According to the organization, Loudoun County has become the epicenter of federal overreach, specifically targeting parents who are critical of far-left policies.
In December 2023, AFL released documents that it believes offer additional proof of collaboration between federal agencies and local officials to stifle parental dissent. As a result, an investigation is underway.
As the AFL presses forward, Loudoun County remains a national focal point in the dispute about parental rights, government overreach, and the politics of public education.