Resist the attack on parents

I was shocked to learn last week that U.S. Attorney General Merrick Garland has directed the FBI and federal prosecutors to charge parents who speak up at school board meetings under domestic terrorism and civil rights laws. Acting U.S. Attorney for Montana Leif Johnson delivered this message to the Montana County Attorneys Association, and has provided a follow-up letter explaining the federal claim of urgency in this matter.

As a local prosecutor enforcing Montana state laws, I have worked with federal agents and prosecutors over the years to target truly federal, interstate criminals. I have helped ATF agents investigate and build cases of convicted felons in possession of firearms. I have worked with FBI and DEA agents to take down inter-state and indeed international drug traffickers. And I have even helped ICE officials detain and deport an illegal alien. Each step of the way, I have been impressed by the professionalism and dedication of the federal agents in Montana, and the federal prosecutors in the U.S. Attorney’s Office in Montana.

Every time a state prosecutor refers a case to a federal agent or prosecutor, the first question is whether there is any basis for federal jurisdiction. In our system, the vast majority of criminal prosecutions happen in the state courts, because the Constitution reserves the police powers to the states, except for specific enumerated exceptions. If there is not a clear federal jurisdictional nexus, the feds will not and cannot take the case.

So if the federal government now wants to prosecute parents who speak up at a school board meeting, what is the basis for federal jurisdiction? Attorney General Garland’s directive lists several possible federal charges, such as: Conspiracy to Deprive Person of Civil Rights, Interference with Federally Protected Activities, Interstate Extortion, or Interstate Threat to Kidnap, as well as others.

Nonsense. Pure nonsense.

Parents have a right to direct the upbringing and education of their children. That is not a right granted by the government, that is a right granted by God. If parents have concerns that a school is imposing illegal or unworkable Covid restrictions, transgender mandates, or critical race theory upon their children, the parents have a right to speak up and get involved. Local control and parental involvement always produce the best educational environment for kids. The federal government has no right to stifle dissent by threatening parents as domestic terrorists or interstate criminals.

Rest assured, this local prosecutor will oppose Washington, D.C.’s attempt to bully parents in Broadwater County. And I don’t know a single county attorney across Montana who feels differently.

I hope that before any nominee for U.S. Attorney in Montana or any other state is confirmed by the U.S. Senate, our Senators Steve Daines and Jon Tester will force them to explain their position on this extraordinary abuse of power. And unless the nominee completely disavows this attempt to stifle parental rights and free speech, I urge our Senators to reject the nomination. Please join me in communicating this to Senator Daines and Tester.

Cory Swanson is Broadwater County Attorney.