Pressure Mounts on DOJ to Address Intimidation of Supreme Court Justices; Governors Request the Law be Enforced
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Republican Governors Glenn Youngkin of Virginia and Larry Hogan of Maryland called on Attorney General Merrick Garland to “provide adequate resources” to protect Supreme Court justices and their families as pro-abortion protesters gather outside their homes in an apparent attempt to influence their final decision in overturning Roe v Wade. The call was the latest in a series of demands from conservative lawmakers to disperse and investigate the unlawful protesters.

In a letter sent on Wednesday, the governors of the states where the conservative justices reside pointed out to Garland that such protests are unlawful:

The United States Federal Code, 18 U.S. Code §1507 states, Whoever, with the intent of interfering with, obstructing or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of this duty, pickets or parades in or near a building housing the court of the United States, or in or near the building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.

The governors further asked the attorney general to “enforce the law as it is written,” arguing that “there is simply too much at stake.”

During his appearance on Fox News on Wednesday, Youngkin was asked to comment on the position of the White House that those are just “peaceful demonstrators” executing their First Amendment rights. He stressed,

The statute is incredibly clear. It basically says if you are parading or picketing in order to try to influence a judge, it’s punishable with up to a year in prison. That sounds illegal to me. I’ve just asked the attorney general to enforce the laws that’s on the books.

The governor argued that the very leak was done “in order to influence and intimidate our justices” and to “cause chaos.”

Younkin also shared that he asked the Fairfax County police and the county supervisors to establish a perimeter outside the justices’ houses to keep them safe from the protestors. In addition to that, the state police forces are on standby to interfere in the event of any outbreaks of violence or disturbances.

On Wednesday, the Justice Department released a short statement, saying:

Attorney General Garland continues to be briefed on security matters related to the Supreme Court and Supreme Court Justices. The Attorney General directed the U.S. Marshals Service to help ensure the Justices’ safety by providing additional support to the Marshal of the Supreme Court and Supreme Court Police.

Not a word was said about the legality of the protests that happen just outside of the justices’ homes.

The DOJ’s silence on the ongoing protests outside the justices’ residences was met with dissatisfaction on Capitol Hill.

On Monday, lawmakers in the U.S. Senate passed bipartisan legislation offered by Senators John Cornyn (R-Texas) and Chris Coons (D-Del.) to extend Supreme Court Police protection to justices’ families.

On Tuesday, Senator Josh Hawley (R-Mo.) wrote a letter to Garland demanding the Justice Department “vigorously investigate and prosecute” “radical pro-abortion activists” protesting at Supreme Court justices’ homes.

So did his colleague Tom Cotton (R-Ark.), in a stern letter slamming Garland for the lack of action on enforcing the federal law.

On Wednesday, Senate Minority Leader Mitch McConnell (R-Ky.) reportedly wrote to Garland asking him to investigate the protesters.

The calls were joined by Senate Judiciary Committee Ranking Member Chuck Grassley, who accused Garland of hypocrisy for a slow response to likely unlawful protests while quickly mobilizing for alleged threats to school boards last year.

The senator added that “the White House has done little to discourage dangerous activity, even as left-wing activists publicized justices’ home addresses and organized demonstrations.”

Indeed, the White House has stood behind the protesters.

White House outgoing press secretary Jen Psaki said Tuesday that President Joe Biden believes “in peaceful protest” and that “violence, threats, and intimidation of any kind have no place in political discourse.”

Psaki went on to criticize the use of a double standard when it comes to intimidation. She accused the Right, for example, of “remaining silent for years on protests that have occurred outside of school board members’ homes,” of threats to women seeking abortions for their unborn children (“seeking reproductive healthcare”), or even of an “insurgency against our Capitol.”

Speaking last week, Psaki de facto endorsed the protests right outside the Supreme Court Justices’ residences:

The reason people are protesting is because women across the country are worried about their fundamental rights that have been law for 50 years. Their rights to make choices about their own bodies and their own healthcare are at risk.  That’s why people are protesting. They’re unhappy. They’re scared.

Last week, the radical pro-abortion activist group Ruth Sent Us, named after the late liberal Justice Ruth Bader Ginsburg, published on a map embedded on its website the addresses of “extremist justices,” three of whom live in Virginia and three in Maryland. The “extremists” include Chief Justice John Roberts and Associate Justices Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, Clarence Thomas, and Samuel Alito, who wrote the leaked majority opinion