America First Legal (AFL) announced the launch of an investigation into the alleged involvement of former FBI Deputy Director Andy McCabe and his wife, Jill McCabe, in the controversial October 4, 2021, memo issued by Attorney General Merrick Garland.
The memo mobilized federal counterterrorism resources to address what it described as threats against school officials, a move critics argue targeted parents voicing concerns during school board meetings.
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The investigation centers on the McCabes’ potential influence in drafting or supporting the memo, particularly in the politically charged environment of Loudoun County, Virginia. Parents there had raised concerns over school closures, Critical Race Theory (CRT), transgender bathroom policies, and allegations of partisanship within the Loudoun County School Board.
In early 2021, tensions in Loudoun County escalated as parents protested against various school policies. The Loudoun County Sheriff’s Office launched an investigation into a private Facebook group, The Anti-Racist Parents of Loudoun County, which reportedly targeted parents critical of school board policies. Among the group’s members were school board officials and other local leaders.
In a high-profile incident on May 28, 2021, Loudoun County Public Schools (LCPS) downplayed what it called a “safety incident” at Stone Bridge High School, later revealed to involve the sexual assault of a student in a school restroom. This incident became a flashpoint, with the FBI reportedly inquiring about the case but declining to intervene when informed it was a local matter.
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Jill McCabe, who was appointed as an advisor to the Loudoun County School Board in December 2020, became a vocal advocate for policies, including the adoption of transgender bathroom policies. Her role and public support of the school board’s initiatives have drawn scrutiny in AFL’s investigation.
The controversy intensified on October 4, 2021, when Attorney General Garland issued a memo instructing the FBI and federal prosecutors to address threats against school officials. Critics argued the memo targeted parents engaging in protected First Amendment activities, such as speaking out against school policies. The memo followed a September 29, 2021, letter from the National School Boards Association (NSBA), which requested federal action under the PATRIOT Act to address alleged threats.
Subsequent investigations revealed that the FBI opened 25 assessments using the “EDUOFFICIALS” threat tag, though only one resulted in a full investigation. Congressional committees later determined that the memo was an attempt to suppress parental dissent ahead of the 2021 Virginia gubernatorial election.
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AFL has long criticized the Garland memo as a weaponization of government resources. The group now aims to uncover whether the McCabes had any role in its formulation or implementation, either directly or indirectly. Jill McCabe’s involvement with the Loudoun County School Board and her advocacy for its policies are central to the inquiry.
“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.”
AFL continues to demand transparency regarding the federal government’s involvement in what it describes as an unconstitutional crackdown on parents. The organization alleges that Loudoun County became ground zero for federal overreach, targeting parents critical of far-left policies.
The investigation follows AFL’s release of documents in December 2023, which it claims provide further evidence of coordination between federal agencies and local officials to suppress parental dissent.
As AFL presses forward, Loudoun County remains a national focal point in the debate over parental rights, government overreach, and the politicization of public education.
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