The U.S. Capitol Police are trying to hire their own criminal prosecutors, but critics say this move is an “unconstitutional” and “dangerous” “power grab” by House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.
The problem is that constitutionally speaking, prosecutors are only permitted to work for the executive branch, i.e., the Justice Department, according to Mike Davis, the founder of the Article III Project and former Chief Counsel for Nominations for the Senate Judiciary Committee and law clerk to Justice Neil Gorsuch.
Thus, by accepting a job with the U.S. Capitol Police, a law enforcement unit that essentially works on behalf of Congress (i.e., the legislative branch), a prosecutor would effectively be violating the U.S. Constitution, he explained in an interview.
“It is clearly unconstitutional for Congress to have federal prosecutors on its payroll and working for them. It violates the separation of powers. Federal prosecutors work for the president and the executive branch, and every prosecution by Nancy Pelosi and Chuck Schumer’s army of prosecutors is subject to serious constitutional challenge and reversal by the Supreme Court,” he told The Daily Wire.
He added that it’d establish a “dangerous precedent.”
“It a very dangerous precedent for prosecutors to work for police instead of the other way around,” Davis said.
Yet this appears to be exactly what the Capitol Police are trying to achieve, as evidenced by the following advertisement that was posted to the U.S. government jobs board USAJobs.gov in late July:
“The purpose of this position is to serve as a Special Assistant United States Attorney located in USCP District Offices in Washington, DC. The position reports to the USCP Deputy and General Counsel; however, the position will work under the direct supervision and authority of the co-located District U.S. Attorney’s Office,” the job description reads.
“This position is to represent the United States Government primarily prosecuting individuals and/or groups who have engaged in threats and/or acts of violence against Members of Congress, their staffs, United States Capitol Police employees, visitors to the Capitol complex, and facilities and properties within the Capitol Complex.”
Davis for his part believes the Capitol Police are trying to hire a prosecutor to conduct Jan. 6th-related prosecutions.
“This is a desperate power grab by Pelosi and Schumer to keep their bogus January 6 narrative going forever. Speaker Pelosi has turned the people’s house into a political fortress for Democrats,” he said to The Daily Wire.
“She’s politicized and weaponized the Capitol Police, and now she’s trying to do the same for federal prosecutors. President Biden, Speaker Pelosi and Leader Schumer need to back down immediately from this boneheaded decision before the courts shut it down for them.”
How is it constitutional for federal prosecutors to report to Congress?
And federal prosecutors manage law-enforcement officers; not vice-versa.
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) August 1, 2022
The Capitol Police, for their part, have claimed that their interest in hiring their own prosecutors has nothing to do with Pelosi and Schumer.
“This idea did not come from any Member of Congress, to include any Congressional leaders. Hiring a Special Assistant U.S. Attorney will give the Department, which has a constitutional duty to protect Congress and the Capitol Complex, a prosecutor who will work for the Department of Justice, but will also be an expert in the way we work and the types of unique threat cases we have,” a spokesperson told The Daily Wire.
The Capitol Police also cited the example of other law enforcement agencies that apparently have their own Special Assistant U.S. Attorneys (SAUSA).
However, Davis remained unconvinced.
“These prosecutors are being paid by the Congress so they’ll do whatever they want,” he said of the prosecutors that the Capitol Police hope to hire.
This idea of the police hiring their own prosecutors is so bizarre that liberal attorney Jonathan Turley has assumed the Capitol Police are just playing some sort of “joke or prank.”
“I have to assume that this is some joke or prank. It is akin to the federal courts looking to hire a diplomat to work on treaty negotiations,” he tweeted Wednesday.
The Capitol police seeking to hire a “special prosecutor” to try J6 offenders? https://t.co/22VbqVb6sB There can be liaisons with the executive branch in such cases, but USCP remains a legislative, not an executive, branch institution…
— Jonathan Turley (@JonathanTurley) August 3, 2022
…I have to assume that this is some joke or prank. It is akin to the federal courts looking to hire a diplomat to work on treaty negotiations.
— Jonathan Turley (@JonathanTurley) August 3, 2022
Because if it’s not a “joke or prank,” then there’s tremendous reason to be concerned.
Indeed, speaking with The Daily Wire, Republican Rep. Louie Gohmert said it’s just another step in the left’s plans to transform America into a “Soviet style” nation.
“Since Democrats are moving us ever closer to a Soviet style government, what could be better than having people doing a Speaker’s bidding to inflame, entice, entrap, jail, prosecute, and punish?” he said.
“The pieces are falling into place since she already has a DC Gulag… But she is going to have to hurry to get it all set up for the Republican Speaker to use against corruption by any prior Speaker.”
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