Congress should consider stripping Attorney General Merrick Garland of his salary if he does not enforce federal laws prohibiting protests outside the homes of Supreme Court justices, Sen. Josh Hawley (R-Mo.) suggested in a new interview.
Under 18 U.S.C. § 1507, protesting outside the homes of justices, among other areas, “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 his duty” is prohibited. Violators are subject to fine or imprisonment.
But despite clear violations of the statute last year over the reversal of Roe v. Wade, the DOJ never enforced the law against violators. The agency has not explained why it did not prosecute offenders.
Speaking with Townhall, Hawley said there should be budgetary consequences for Garland not doing his job.
“If anybody needs to have their funding denied, it’s Merrick Garland; maybe we need to zero out his salary,” Hawley said, explaining such action would “make clear to him he needs to do his job and enforce the law.”
The veiled threat came as Hawley discussed the security of the nine Supreme Court justices. Republicans have expressed concern that their security could be compromised if Senate Democrats make good on threats to use the power of the purse to compel the Supreme Court to enact ethics reform.
At a Senate hearing in March, Garland was grilled over why he did not enforce 18 U.S.C. § 1507. In an exchange with Sen. Ted Cruz (R-Texas), Garland said U.S. Marshals stationed outside the homes of the justices decided whether or not protesters should be arrested.
Cruz correctly pointed out that, even if U.S. Marshals are the on-the-ground authority, Garland still has the authority to prosecute offenders.
Importantly, Sen. Katie Britt (R-Ala.) disclosed in March that U.S. Marshals were directed to “avoid, unless absolutely necessary, any criminal enforcement” against the protesters and that “making arrests and initiating prosecutions was not the goal.”
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