'Maybe This Will Refresh Your Memory': Josh Hawley's Top Moments From The Past Year | 2021 REWIND
TLDRIn a heated Senate hearing, Attorney General Garland faces scrutiny over a memo involving the DOJ and FBI in local school boards, which critics argue is an overreach. Garland insists the focus is on violence, not dissent. Meanwhile, the discussion on border policy reveals a disconnect between stated goals and actions, with the Secretary of Homeland Security defending the administration's approach amid rising encounters at the border. The ATF director nominee, Chipman, pledges to uphold the Second Amendment and focus on preventing gun crimes, not restricting rights.
Takeaways
- π Attorney General Garland faced scrutiny over a memo issued involving the Department of Justice, FBI, and local school boards, which some consider unprecedented in U.S. history.
- π‘ The memo was reportedly based on a letter from the National School Board Association that the White House was involved in writing, which has since been retracted and apologized for by the association.
- π« Senator Cruz questioned Garland's decision not to retract the memo and his defense of focusing on violence, while the memo also covers other federal causes of action against parents, including harassment and intimidation.
- π€ Garland clarified that he does not believe parents making annoying phone calls or using the internet to cause emotional distress should be prosecuted for such actions.
- π A memo from the Department of Justice advised state and local prosecutors on 13 possible federal crimes involving harassment and intimidation, causing concern over the chilling effect on parents' rights to speak at school board meetings.
- π¨ββοΈ Garland emphasized that the Supreme Court has defined 'intimidation' in a constitutional context, and prosecutors are aware of this definition, suggesting that parents should not fear prosecution for exercising their First Amendment rights.
- π« Senator Cruz highlighted the case of Scott Smith, a parent who faced legal consequences for voicing concerns at a school board meeting about his daughter's sexual assault, questioning Garland's oversight and the broader implications of the memo.
- π Senator Cruz accused Garland of weaponizing the FBI and DOJ against parents involved in school board matters, calling for Garland's resignation due to the perceived threat to parental and First Amendment rights.
- π¨ The discussion touched on the border crisis, with the Secretary of Homeland Security asserting that the border is not open, despite high numbers of enforcement encounters and a reported 60% expulsion rate.
- π The cancellation of 'safe third country' agreements with El Salvador, Guatemala, and Honduras was justified by the Secretary as they were not safe for individuals fleeing persecution.
- π The debate over arming school guards was addressed, with the nominee for ATF Director advocating for hardening targets to prevent guns from entering schools, rather than relying on armed personnel.
Q & A
What was the unprecedented memo issued by Attorney General Garland on October 4th about?
-The memo involved the Department of Justice, the FBI, and local school districts, focusing on addressing threats and violence directed at school board members, teachers, and staff.
Why was there controversy surrounding the letter from the National School Board Association?
-The controversy arose because the White House was involved in writing the letter, which was later retracted and apologized for by the NSBA, but Attorney General Garland did not retract the memo based on it.
What are the concerns about the memo advising state and local prosecutors about federal causes of action against parents?
-The concerns are that the memo identifies 13 possible federal crimes involving harassment and intimidation, which some believe could be used to target and silence parents who are voicing their opinions at school board meetings, even if their actions are not violent.
What is the position of the Supreme Court regarding the term 'intimidation' in the context of constitutional protection?
-The Supreme Court has made it clear that 'intimidation' refers to directing a threat to a person with the intent of placing the victim in fear of bodily harm or death, which is a high threshold that not all expressions of concern by parents would meet.
Why does Senator Cruz believe that Attorney General Garland has weaponized the FBI and the Department of Justice?
-Senator Cruz believes this because of the memo issued by Garland that could potentially lead to the prosecution of parents who are simply expressing their concerns at school board meetings, which Cruz sees as an overreach and an attempt to silence parents.
What is the role of the Department of Justice in addressing threats and violence at local school board meetings?
-The role of the Department of Justice is to ensure that there is an open line of communication with state and local law enforcement to address threats and violence, making sure that criminal conduct and violence are properly handled.
How does Attorney General Garland differentiate between 'spirited debate' and 'harassment and intimidation' in the context of school board meetings?
-Garland emphasizes that spirited debate is a hallmark of the country and is welcome, while harassment and intimidation involve threats and actions that go beyond mere expression of opinion and infringe on the rights of others.
What is the situation regarding the border policies and the reported 'open border' statement by the Secretary?
-The Secretary has stated that the border is not open and has never said it was, despite previous comments that could have been interpreted as such. There is a focus on addressing the root causes of migration and ensuring that the border is managed according to the laws passed by Congress.
Why did the administration cancel the 'safe third country' agreements with El Salvador, Guatemala, and Honduras?
-The administration believes that considering Honduras a safe third country for someone fleeing persecution from Guatemala is empirically incorrect, as there are many people leaving Honduras due to fear of persecution, indicating it is not safe.
What is the stance of the nominee for ATF Director, Mr. Chipman, on the individual right to keep and bear arms as recognized in the Heller case?
-Mr. Chipman respects the Supreme Court's decision in Heller and believes in upholding the individual right to keep and bear arms, despite previously working for organizations that advocated for gun control measures.
What is Mr. Chipman's view on arming school guards to prevent school shootings?
-Mr. Chipman believes in hardening targets to prevent guns from entering schools, rather than arming school guards. He suggests measures like metal detectors and other security measures to keep schools safe.
Outlines
π DOJ Memo Controversy and Parental Involvement
The paragraph discusses a contentious memo issued by Attorney General Garland involving the Department of Justice, FBI, and local school boards, which is unprecedented in U.S. history. It was allegedly based on a letter from the National School Board Association that the White House was involved in drafting. The letter has since been retracted and apologized for, but Garland has not retracted the memo. The discussion revolves around the memo's implications for parents, including the potential for prosecution under various federal crimes for actions not related to violence but to harassment and intimidation. The dialogue questions Garland's awareness and control over the memo and its consequences, suggesting a chilling effect on parents' willingness to participate in school board meetings.
ποΈ School Board Tensions and Legal Implications
This paragraph delves into the repercussions of the Department of Justice's actions on parents attending school board meetings, particularly in the context of a case involving a father, Scott Smith, whose daughter was sexually assaulted in a school restroom. The discussion highlights the potential for parents to be prosecuted for exercising their First Amendment rights, with comparisons being made to rioters. The dialogue also addresses the broader issue of the DOJ's role in local school board matters, with an emphasis on the importance of spirited debate without resorting to violence or intimidation. The paragraph concludes with a call for the Attorney General to resign due to the perceived weaponization of federal agencies against parents.
π¨ Border Policy and Expulsion Rates
The focus shifts to the U.S. border policy, with particular emphasis on the high number of enforcement encounters at the southern border and the percentage of migrants subject to immediate expulsion. The dialogue explores the impact of the current administration's decisions, including the termination of flight programs for expelling families and the cancellation of safe third agreements with Central American countries. The conversation questions the effectiveness of these policies in addressing the root causes of migration and the safety of children crossing the border, with an emphasis on the role of international agreements in facilitating safe and legal migration pathways.
π Termination of Safe Third Country Agreements
This paragraph discusses the termination of safe third country agreements by the current administration and the rationale behind this decision. The dialogue centers on the argument that the agreements were not truly safe for individuals fleeing persecution, using Honduras as an example. The conversation also addresses the broader implications of these terminations for migration patterns and the safety of migrants, particularly children, and questions the administration's approach to addressing the root causes of migration without these international agreements in place.
π Nomination Hearing for ATF Director and Second Amendment Rights
The paragraph presents a nomination hearing for a candidate to become the ATF director, with a focus on their past policy advocacy and potential impact on Second Amendment rights. The dialogue explores the candidate's views on gun control, their previous work with various gun control organizations, and their commitment to upholding the individual right to bear arms as established by the Supreme Court. The conversation also touches on the candidate's stance on armed guards in schools and their approach to preventing gun violence through effective law enforcement and policy.
π‘οΈ School Safety and Armed Guards Debate
The final paragraph continues the discussion on school safety, specifically addressing the idea of having armed guards in schools. The dialogue examines the candidate's opinion on the matter, which leans towards hardening targets to prevent guns from entering schools, rather than relying on armed personnel. The conversation also delves into the candidate's past statements and their current views on the role of law enforcement in schools, emphasizing the importance of preventing gun violence through proactive measures rather than reactive ones.
Mindmap
Keywords
π‘Department of Justice
π‘FBI
π‘National School Board Association
π‘Memo
π‘Harassment and Intimidation
π‘First Amendment
π‘Prosecutors
π‘Spirited Debate
π‘ATF
π‘Second Amendment
π‘Safe Third Country Agreements
Highlights
Attorney General Garland issued an unprecedented memo involving the Department of Justice, FBI, and local school districts based on a letter now retracted by the National School Board Association.
Garland defends the memo, focusing on addressing violence, despite criticism that it may intimidate parents from participating in school board meetings.
A memo from the Department of Justice advises prosecutors on federal causes of action against parents, including non-violent crimes like harassment and intimidation.
Senator questions the appropriateness of prosecuting parents for making 'annoying phone calls' to school board members, highlighting the potential for chilling free speech.
Garland denies seeing a memo that lists 13 possible federal crimes for parents, raising concerns about his oversight of the Department of Justice.
Senator Cruz accuses Garland of weaponizing the FBI and Department of Justice against parents involved in school boards, calling for Garland's resignation.
Discussion on whether the Attorney General's actions set a dangerous precedent for federal intervention in local school board matters.
Secretary denies that the border is open and addresses the crisis with enforcement encounters and expulsions under CDC's Title 42 authority.
Secretary defends the termination of safe third agreements with Central American countries, arguing they were not safe for migrants.
Senator challenges the Secretary on the impact of terminated agreements on migrant safety and the spike in border crossings.
Chipman, a nominee for ATF Director, assures that he will uphold the Second Amendment rights recognized by the Supreme Court in Heller.
Chipman expresses his view on securing schools without arming guards, advocating for hardening targets to prevent gun entry.
Senator Cotton questions Chipman's past statements on school security and the role of armed guards in preventing school violence.
Chipman emphasizes the ATF's focus on preventing criminals from obtaining guns rather than arming school personnel.
Senator Hawley inquires about Chipman's past work with gun control groups and his stance on the individual right to bear arms.
Chipman clarifies his position on the Second Amendment, stating he respects the Supreme Court's ruling and will uphold it as ATF Director.
Transcripts
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