The U.S. Capitol Police is hiring its own criminal prosecutor, in what observers say is an unprecedented politicization of law enforcement that could pose serious constitutional problems.
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.
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Mike Davis, founder of the Article III Project and former Chief Counsel for Nominations for the Senate Judiciary Committee and law clerk to Justice Neil Gorsuch, said federal prosecutors can only work for the Executive Branch.
“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.”
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Davis said “It’s not believable that the Capitol Police chief went rogue and set up this unconstitutional prosecutor army without input from the Capitol Police Board controlled by Speaker Pelosi and Leader Schumer. If he did, he must resign.” He noted that in a reversal of the norm, not only would a prosecutor be reporting to Congress, he would also be working for the police.
“It a very dangerous precedent for prosecutors to work for police instead of the other way around,” he said. “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. 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 of this boneheaded decision before the courts shut it down for them.”
“Why is the US Attorney of DC going along with it?” he asked. “The Biden administration has already sent the full force of the government at every grandma on January 6, while not prosecuting people harassing SCOTUS justices. “
The Capitol Police said that some other agencies have Special Assistant U.S. Attorneys. Davis said in addition to those being from the executive branch, “SAUSA units, they have them at military bases, but they just come in and run their own dockets with very little oversight from the USAO… these prosecutors are being paid by the Congress so they’ll do whatever they want.”
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