In recent days, federal law enforcement agents across the government received a shocking notice from the Justice Department: a warning that they could be prosecuted under a Civil War-era law if they responded to an election polling place with weapons, even if they found a false had submitted a report. a crime.
The memo from Corey R. Amundson, the head of the DOJ’s Public Integrity Division that oversees election crimes, is dated Oct. 15 and says it was prompted by questions about how the government might respond to the violence on Election Day.
It was brought to the attention of Just the news by a senior law enforcement official and confirmed by multiple federal agents, some of whom said their immediate bosses provided additional guidance.
“In our role in overseeing federal prosecution efforts against election crimes, the Public Integrity Division, through our Election Crimes Division, has received questions regarding the legality of having armed federal law enforcement agents at polling places,” Amundson wrote. “Given the potential relevance of this issue to federal law enforcement agencies and the Department of Defense. We thought it wise to bring this to your attention Title 18, United States Code, Section 592.”
“This statute – which has been in place since 1864 – makes it a crime for a federal official to send armed personnel to an operational polling place for crowd control or other purposes,” the memo said.
DOJ officials and retired agents told it Just the news Similar notices about the Civil War-era law have been sent in previous elections, but this year’s memo has received more attention internally due to a recent ISIS terror plot on Election Day that was foiled in Oklahoma a few weeks ago and more recent firebombings of ballot boxes in the Northwest.
The current memo warned officers that bad actors could try to trick officers into an armed response to a polling place with a false report of violence.
“Be aware that an individual or group may attempt to draw an armed federal response to a polling place, contrary to law, by falsely reporting a bomb threat or an active shooter,” the memo warned. “Coordination with your state and local law enforcement partners is essential.”
The memo states that there are two exceptions to the law:
- “The statute does not prevent federal law enforcement personnel from carrying their service weapons when visiting a polling place to vote in person.”
- “The statute does not prevent an armed federal response when a polling place ceases operations, as under those circumstances it is no longer subject to the statute. This can happen as a result of an emergency, such as a bomb threat or active shooter.”
Federal agents said the memo caused some confusion and uproar within the agency. “If we get a report of a terrorist attack and respond quickly as we should, and we find out it’s fake and the polling station is still active, I think we’ll go to jail,” one officer said, who spoke only on condition of anonymity because they were not authorized to speak to the news media.
Jeff Danik, a retired FBI special agent, told the story Just the news That This election year memo felt like a stretch and that there was probably a better way to communicate with officers. “It’s really a routine report,” Danik said. “DOJ should have just said that there is a pre-approval process for a major federal response to a polling place that, absent a public safety emergency, requires specific notifications and approval.”
“Instead, as typical weak leaders at DOJ, they cannot help but threaten rather than communicate with street officers like children,” he added.
The statute in question dates back to the Civil War and concurrent fears that soldiers might have tried to disrupt the election in which Abraham Lincoln won a second term amid intense fighting between Union and Confederacy soldiers.
The American Code was reorganized in 1948 and the text of the law promulgated in 1865, it was adopted by Congress to declare that: “Whoever is an officer of the army or navy, or other person in the civil, military, or naval service of the United States, commands, brings, holds, or under his has a guard.” authority or control over troops or armed men in any place where a general or special election is held, unless such force is necessary to repel armed enemies of the United States, shall be subject to a fine under this title or to imprisonment for not imposed for more than five years, or both; and be disqualified from holding any office of honor and profit. or trust under the United States.”
Aside from the history lesson, the DOJ memo also provided some insights into how the Biden-Harris DOJ plans to deal with concerns about Election Day infighting by creating a dedicated command structure.
“Each US Attorney’s Office has a designated District Election Officer (DEO) and each FBI Field Office has a designated Election Crime Coordinator (ECC),” the memo explained. “If they have not already done so, your field offices should contact the DEO and ECC in their area to establish points of contact if an incident or emergency occurs.
“Law enforcement responses from federal, state, and local agencies can and should be reported through the FBI ECC in each jurisdiction. Whose role is to detect and verify polling station disruptions,” it added. operational activities are appropriately conflict-free and lawful.”
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