Capitol Police Pursue Unconstitutional Scheme to Hire Their Own Prosecutor

AP Photo/Jacquelyn Martin

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. According to The Daily Wire, the USCP is looking to hire its own prosecutor.

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The move is unprecedented and almost certainly unconstitutional.

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.

The conflict of interest is apparent immediately. Prosecutors are supposed to be disconnected from the entities they pursue. In this case, the USCP reports to Pelosi (via a politically appointed Sergeant-at-Arms), meaning that the Speaker of the House would conceivably have some control over a prosecutor used to target 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.

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And as I mentioned, this scheme sure looks unconstitutional.

“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.”

There is no reason for the USCP to have its own prosecutor. There is no provision by which they are allowed to do so. Law enforcement agencies do not have their own in-house prosecutors. Rather, prosecutors oversee law enforcement charging decisions from an independent perch. That’s why the FBI is subservient to the DOJ. How would this even be paid for? Was any appropriation made for the USCP to spend taxpayer money on a prosecutor?

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. The DOJ already exists and has been dealing with those cases since its inception. What suddenly 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.

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The simple answer here is probably the correct one. The USCP is controlled by Pelosi, who made sure to put her political operatives in positions of power over the department. This in-house prosecutor would provide her with the means to intimidate her congressional opponents, perhaps wielding direct influence over charging decisions. Yes, she’ll deny that and the USCP will deny that, but why else even go down this road?

To summarize matters, the USCP is out of control, as evidenced by a variety of incidences over the last few years. The moment Republicans regain power, they need to get rid of all these newfound powers given in response to January 6th. Pelosi may want to set up her own fiefdom, but the GOP is under no obligation to continue the charade.

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