Eagle Forum of Alabama Files Motion in Federal Court to Quash Unprecedented U.S. Department of Justice Subpoena

(BIRMINGHAM) – Today, Eagle Forum of Alabama filed a motion in U.S. federal district court seeking to quash the U.S. Department of Justice’s (DOJ) unprecedented subpoena of August 9, 2022 demanding all information related to the non-profit’s legislative activities promoting the Alabama Vulnerable Child Compassion And Protection Act (VCAP) since 2017.

“At stake here is the ability of all private citizen advocates and non-profit advocacy organizations to engage in the legislative process regardless of their viewpoint,” said Kristen A. Ullman, President of Eagle Forum. “If the DOJ can weaponize a subpoena, any American can be unduly burdened and prevented from engaging in our democratic republic form of government. Freedom of speech and freedom of association will be squelched.”

“This unprecedented, massive demand by the DOJ for information unrelated to the issues before the court is a blatant attempt to intimidate and silence a non-party organization and crush its Constitutionally-protected rights to educate others, petition the government, and speak freely,” said Ullman. “This harassment must be stopped. It’s a shot across the bow of people and groups engaged in the legislative process throughout the nation. If the Department of Justice doesn’t like your viewpoint it may target you next.”

“After hearing from citizens in Alabama, including parents, doctors, lawyers, and guidance counselors, about their concerns for otherwise healthy children who want to transition to the opposite sex, we decided to undertake the protection of these vulnerable children and have done so publicly and ardently,” said Executive Director of Eagle Forum of Alabama, Becky Gerritson. “Eagle Forum of Alabama operates primarily by volunteer Alabama citizens. The right to engage in these activities, free of compulsion and harassment, must be preserved.”

VCAP became effective on May 8, 2022, following consideration in three successive legislative sessions including seven public hearings and passionate legislative campaigns conducted by proponent and opponent advocacy groups and individuals. Final passage was by large majorities in both Alabama chambers.

The constitutionality of Alabama’s VCAP law is the subject of Eknes-Tucker, et. al. v. Marshall, et. al., a lawsuit filed in the US District Court on April 19, 2022. On April 29, 2022, the DOJ filed a motion to join as an intervenor party to the lawsuit. Eagle Forum of Alabama is not a party in this legal action. The DOJ subpoena is broad, intrusive, and meant to harass. It seeks 5 ½ years of information, including all private communications with legislators or anyone else regarding VCAP; every note, meeting minutes, letter, policy goals and strategy effort, speech, presentation materials, research, polling; drafts of the bill or its amendments (which can be found on the legislative website); and documents pertaining to publicly-posted social media and webpages, etc.

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