Federal Law Enforcement Officers Are “Just Following Orders.” Where Have We Heard That Before?
Rank and file law enforcement must refuse illegal orders.
Federal Law Enforcement Officers are betraying their sworn duties under the United States Constitution and the federal laws of the United States. It’s an extremely disappointing scenario. One that I never thought I would see in my lifetime.
As you are probably aware by now, Trump has ordered federal officers in military cammos with no insignia identifying them as a specific law enforcement group to Democratically controlled Portland, Oregon, and is making threats to send them to other Democratically controlled states.
Remember the “Little Green Men” of Russia who slowly invaded and took over Crimea?
There have been reports of unmarked vans carrying several of these “Little Green Men” stopping citizens on the street, taking their personal liberties away without any known reasonable suspicion or probable cause, and whisking them away to unknown locations, making them disappear for a few hours. It is later reported that these citizens were left handcuffed and in holding cells for several hours, then released with no known paperwork filed or given to them, no explanation for the “arrest” and refusals by these “officers” to identify themselves when requested by the “detainee.”
These actions are right out of the playbook Putin, Maduro, The ayatollah, and other would be dictators use.
According to recent news reports, the officers have been identified as being members of the Federal Protective Services, whose mission, as stated on their web page, is,
The Federal Protective Service (FPS) provides integrated security and law enforcement services to more than 9,500 federal facilities nationwide. These services include conducting facility security assessments, responding to calls for service for crimes in progress and other incidents to protect life and property, and detecting, investigating and mitigating threats.
The Trump administration is disguising their use of federal agents in local jurisdictions under the mission statement of that particular service: protection of federal (GSA) owned properties.
For those of you wondering, federal law enforcement officers generally are not allowed to enforce state laws without explicit permission from the state. In fact, many federal agencies are limited by federal law as to what their powers are.
In addition, to enforce state laws, besides an explicit invitation by the state, usually in terms of legislation allowing such a move, those federal law enforcement officers must be cross-sworn as state officers.
That means they have to be sworn in by an authorized state officer, which gives them the legal ability to enforce certain state laws. In addition to being cross-sworn, most states require the federal officer to take a short training session in state laws that apply to their authority.
Think of it in terms like this: most state and local jurisdictions have task forces made up of local and federal officers, such as Narcotics Task Forces, whose job it is to seek out drug manufacturers and dealers, investigate them, and make arrests, typically under state law depending on the criteria the local District Attorney and US Attorney have laid out. Possession or manufacture of larger amounts usually results in prosecution at the federal level, which has higher penalties than most states.
These task forces are joint cooperative efforts by state and federal governments, usually in exchange for federal money and equipment. In fact, when these drug task forces makes seizures of large amounts of money or property, it is usually split between the state and federal agencies involved in the task forces. In order for the officers to become members of these task forces, part of the requirement is that the state officers must be cross-sworn as federal officers, and the federal officers must be cross-sworn as state officers.
In the current situation in Oregon, those FPS officers are unlikely to have been cross-sworn to enforce local and state laws. The Trump administration is disguising their use of federal agents in local jurisdictions under the mission statement of that particular service: protection of federal (GSA) owned properties. Unfortunately, they are stretching that Mission Statement well past what it’s original intent was when they beat and gas protesters blocks from any federal property.
Fortunately, it is evident what Trump is really doing, thanks to his own words.
He is using federal officers as his own private guard force to stir up trouble in Democratically run cities and states to try and salvage his disastrous re-election efforts by exaggerating claims that Democrats are unable to run their cities and states.
Unfortunately, no one in his party has the balls to stand up to him and stop him, although some Republican Senators running for re-election this fall have started to fold under the threat of losing their seats and have started to discreetly criticize him.
Fortunately, the Inspector General of the DOJ, Michael Horowitz, has announced he is looking into the Portland use of federal officers and their tactics to determine whether they are violating law or policy, as well as the actions of government officers in Lafayette Park in early June.
Unfortunately, we know what happens to Inspectors General in the Trump administration when they try to root out corruption, unethical and/or illegal practices, or policy violations. They get fired. Here is a list of five Inspectors General Fired by Trump as of May of 2020.
This failure to take responsibility is illustrated best by a comment by AG Barr, who initially said he ordered the clearing of the park. Later, he said, “My attitude was get it done, but I didn’t say, ‘Go do it,’ ”
In early June, Trump widely overstepped his authority and ordered Lafayette Park in D.C to be cleared so he could have a photo op at St. John’s Church, which had earlier suffered fire damage caused by some elements of the protesters. Well, that depends on which version of Trump’s Truth you want to believe. Someone ordered it.
At the time the federal troops were ordered to move on the protesters, the protest was largely quiet. As federal officers moved in, journalists and clergy were beaten, and some form of chemical agent was deployed.
When asked later if chemical agents were used, Trump officials denied they deployed them, despite video and eyewitness evidence to the contrary. Further, no one in the Trump administration would admit to giving the order to move on the demonstrators.
This failure to take responsibility is illustrated best by a comment by AG Barr, who initially said he ordered the clearing of the park. Later, he said, “My attitude was get it done, but I didn’t say, ‘Go do it,’ ”
Not only is this obfuscation an implied admission of guilt, but it demonstrates Trump’s standard operating procedure: if I don’t admit it, it didn’t happen, and no one can make me admit it.
After the square was cleared, Trump made his walk of shame from the White House to the church. At the church, Trump stopped before the press and, while standing in front of the church, held up a bible in one hand.
That particular action will stand out to many as one of the more embarrassing and humiliating acts Trump, an American President, has participated in. And that is saying something considering all of the antics he has been involved in.
As a side note, kudos should be given to the Arlington County Board of Northern Virginia. Once they saw the chaos unfolding, they ordered their local law enforcement to withdraw and to return home. They seemed to recognize the wrongness of what Trump and his cronies were doing, and wanted no part in it.
As a former law enforcement officer and as an attorney, I know the oath we are required to take. The oath is not to a person, it is to an ideal, and to law and justice. It is to support and defend the Constitution.
It was extremely disappointing to watch law enforcement officers, sworn to protect the citizens and the Constitution, fail in their sworn duties. Unfortunately, with high ranking officials of those agencies being placed in their positions by Trump, who is known to require loyalty to him, it was highly unlikely they would act against the illegal orders they were given.
What I would have liked to have seen was the high ranking civil servants, the Commanders, Captains, Lieutenants and the rank and file, simply refuse those orders.
What a hell of a sight that would have been!
CJ Kowalski is the father of two fantastic sons. He is a former Southern California police officer and lawyer. CJ is sort of retired(is anyone ever REALLY retired?). He can be reached at [email protected]. He is also the owner and editor of the new Medium publication, copforum, for which he would happily accept appropriate submissions. Comments to this article are encouraged and welcomed. He’d love to know your thoughts.
