The new listing on the federal government job board raises constitutional questions as Capitol Police look to hire their own prosecutors.
A listing for an attorney position was posted on USAJobs.gov July 29. The description states that the employee would be “served as a Special Assistant United States Attorney” at the Capitol Police District Offices. The annual salary ranges from $145,094 to $186,368.
The listing states that “This position is to represent United States Government and prosecute individuals and/or group who have engaged in threats or/or acts violence against Members Congress, their staffs, United States Capitol Police officers, visitors to Capitol Complex, and facilities and property within the Capitol Complex.”
Notably, the Capitol Police is the agency that will be prosecuting the case, and not the Department of Justice. Mike Davis, the founder of the Article 3 Project, says that this is the root cause of the problem.
It is against the constitution for prosecutors to report to law enforcement. Davis stated that it should be the opposite.
Davis stated that a bigger problem is the fact that Capitol Police’s leadership is composed of three people. This includes the House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Chuck Schumer (D-N.Y.).
Davis stated that these federal prosecutors will be Pelosi and Schumer’s “hand-picked federal attorneys doing their bidding”. He said that such an arrangement where lawmakers have their own attorneys “leaves to tyranny.”
Davis was left to wonder how it all came about.
“Who approved this?” He asked, asking if Attorney General Merrick Galrland had approved it.
According to a Capitol Police spokesperson, the idea was not originated by any member of Congress. However, Davis remains skeptical. It is not possible that Speaker Pelosi or Senate Majority Leader Schumer didn’t have their hands in this,” even though it was through their respective sergeants.
Davis also highlighted the very short timeframe for job listings, which runs from July 29 through August 19. This usually means that those in charge know who they want to select.
According to the listing, the position will report to the Capitol Police Deputy General Counsel but will also be under the direct supervision of the District U.S. Attorney’s Office.
Davis predicts that the dual reporting system will not be used on the ground. Davis believes that the Capitol Police will eventually control the prosecutors and, as a consequence, the congressional leaders.
Davis stated that the dual reporting was merely an attempt at avoiding the legal problems that are certain to arise.