If you thought Nancy Pelosi’s questionable creation of the January 6th select committee was bad, the United States Capitol Police just set aside its beer in an attempt to best her. The Daily Wire reported that the USCP plans to employ its own prosecutor.
It is a unique move that almost certainly goes against the Constitution.
A job ad describes the position as “a Special Assistant United States Attorney located in USCP District Offices in Washington, DC,” and states that it reports to the USCP Deputy and General Counsel. But it also says the successful candidate will work “under the direct supervision and authority” of the Washington U.S. Attorney’s Office.
“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,” the ad continues…
…“Work may involve problems of unusual delicacy, such as allegations of wrongdoing against staff or members of Congress, criminal trespass, investigations of threats or crimes against Members of Congress and arresting or detaining high-profile individuals,” the posting for the job, which pays $145,000 to $186,00 per year, says.
It is obvious immediately that there are conflicts of interest. The prosecutor is supposed to remain separate from those they are investigating. The USCP is reporting to Pelosi via a politically-appointed Sergeant-at Arms. This means that Speaker of the House could have some influence over any prosecutor who targets other members of Congress. And while the USCP insists the Democrat leadership wasn’t involved in this decision, I suspect most will find that very hard to believe.
This scheme, as I have already mentioned, is definitely unconstitutional.
It is most likely not Constitutional. This is an Executive Branch function. “Specials” often are detailed to a U.S. Attorney’s Office FROM ANOTHER EXECUTIVE BRANCH AGENCY, to work cases dealing w/that agency’s area of law. However, a Legislative Branch worker? No. https://t.co/Ok2TbFJOxZ
— Leslie McAdoo Gordon ⚖️ 👠🇺🇸 (@McAdooGordon) August 2, 2022
“It is clearly unconstitutional for Congress to have federal prosecutors on its payroll and working for them,” Davis told The Daily Wire. “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.”
It is not necessary for the USCP or any other organization to employ its own lawyer. They are not allowed to. The law enforcement agencies don’t have in-house prosecutors. Instead, the prosecutors supervise law enforcement charges from an independent position. That’s why the FBI is subservient to the DOJ. This would be possible without any appropriation. Did the USCP make any appropriated funds to pay for a prosecutor with taxpayer money?
Of course, the big question here is “why?” The idea that the USCP needs its own prosecutor because of the types of cases it deals with doesn’t hold water. Since its creation, the DOJ has dealt with these cases. Is there something that suddenly has changed? Is the idea that January 6th defendants, most of which are charged with petty crimes like “parading,” are so specialized that not even the normal DOJ offices can handle them? That just doesn’t make sense.
Here is the obvious answer. Pelosi is the USCP’s leader. She made sure her political operatives held positions of authority over the department. Pelosi would have the ability to intimidate congressional opposition and perhaps even exert direct control over charges decisions. Yes, she’ll deny that and the USCP will deny that, but why else even go down this road?
Summary: The USCP is in crisis. This can be summed up by the numerous incidences that have occurred over the years. Republicans must get rid all the new powers they received in January 6. Pelosi may be interested in her own fiefdom but the GOP does not have to keep the same charade going.
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