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Tuesday, July 13, 2021

Further Update Re Capitol Police

Reader Bill has brought some further specific statutes to my attention with regard to the jurisdiction and operations of the US Capitol Police. None of what follows comes as any surprise to me--and it shouldn't to anyone else, either. The provisions in these laws are typical for federal LE agencies--providing for deployment outside normal jurisdiction and for receiving military equipment. 

The section that covers deployment outside normal jurisdiction is to prevent conflicts and screwups--even though the USCP already has national jurisdiction for matters within their authority. This provision is a safeguard measure. 

Re "surplus or obsolete property", that mostly allows LE agencies to receive and use military equipment. YMMV in that regard. I'm one of those people who deplore the militarization of LE at all levels throughout the land, but provisions of this sort are pretty typical since even before the GWOT began.

First, here's the overall Chapter of the US Code that covers the USCP:


2 U.S. Code Chapter 29 - CAPITOL POLICE

  1. SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION (§§ 1901 – 1954)
  2. SUBCHAPTER II—POWERS AND DUTIES (§§ 1961 – 1982)


Subchapter II contains the relevant sections. I'l first provide the ToC for Subchapter II, just saw you can see how thoroughly the duties and authorities of the USCP have been provided for:


  1. § 1961. Policing of Capitol Buildings and Grounds
  2. § 1962. Detail of police
  3. § 1963. Protection of grounds
  4. § 1964. Security systems for Capitol buildings and grounds
  5. § 1965. Maintenance of security systems for Capitol buildings and grounds
  6. § 1966. Protection of Members of Congress, officers of Congress, and members of their families
  7. § 1967. Law enforcement authority
  8. § 1968. Citation release
  9. § 1969. Regulation of traffic by Capitol Police Board
  10. § 1970. Assistance by Executive departments and agencies
  11. § 1971. Contributions of meals and refreshments during emergency duty
  12. § 1972. Contributions of comfort and other incidental items and services during emergency duty
  13. § 1973. Support and maintenance expenditures during emergency duty
  14. § 1974. Capitol Police special officers
  15. § 1975. Overseas travel
  16. § 1975a. Overseas travel to accompany members of House leadership
  17. § 1976. Acceptance of donations of animals
  18. § 1977. Settlement and payment of tort claims
  19. § 1978. Deployment outside of jurisdiction
  20. § 1979. Release of security information
  21. § 1980. Mounted horse unit
  22. § 1981. Advance payments
  23. § 1982. Acceptance of surplus or obsolete property


Sections 1978 and 1982 are the sections that Bill brought to my attention. Please note: §1978 took effect in 2005, under President Dubya; §1982 is newer and dates to May, 2017--under President Trump:


2 U.S. Code § 1978 - Deployment outside of jurisdiction

(a) Requirements for prior notice and approvalThe Chief of the Capitol Police may not deploy any officer outside of the areas established by law for the jurisdiction of the Capitol Police unless—
(1) 
the Chief provides prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate of the costs anticipated to be incurred with respect to the deployment; and
(2) 
the Capitol Police Board gives prior approval to the deployment.
(b) Exception for certain servicesSubsection (a) does not apply with respect to the deployment of any officer for any of the following purposes:
(1) 
Responding to an imminent threat or emergency.
(2) 
Intelligence gathering.
(3) 
Providing protective services.
(c) Effective date

This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.

2 U.S. Code § 1982 - Acceptance of surplus or obsolete property

Upon notifying the Committees of Appropriations of the House of Representatives and Senate, the United States Capitol Police may accept surplus or obsolete property offered by another Federal department, agency, or office.


Most of the people writing about these matters unfortunately did not bother to inform themselves before putting fingers to keyboard. We should be able to discuss these developments on their merits, informed by the law, but without overwrought rhetoric about creating another unaccountable intelligence agency. All LE is in the intelligence business and all LE is accountable--on paper.


17 comments:

  1. Honestly, what difference does it make what the law says? We are pretty much past that point. Dems do whatever they please without consequence. Jim

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    1. Please accept my apologies.

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    2. With respec, Mark, Jim's comment expresses what is the true heart of the concern viz the USCP. You are no doubt correct that the statutes allow the regime to deploy the USCP nationwide. The strict legality is really not the core of the worry. It's the fact that the regime doesn't abide by the law but in fact leverages it to illegal and unconstitutional ends. I believe that's what Jim is driving at.

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    3. Maybe you could explain what the problem is with actually knowing the state of the law? I've made it clear that I don't favor these developments, but so far they are strictly in accord with the law as signed by two GOP presidents.

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  2. Meanwhile, from Politico - and cited by Andrea Widburg at American Thinker:

    High-stakes talks on Hill security funding looked grim Monday with the Capitol Police close to running out of money for salaries after the Senate’s top Democratic appropriator offered a $3.7 billion plan — nearly double the size of a House-passed bill the GOP has spurned as too big.

    Appropriations Chair Patrick Leahy released his own massive proposal to cover the financial fallout from the Jan. 6 Capitol attack after Republicans countered Friday with a $632.9 million bill that scraps hundreds of millions of dollars for Democratic priorities to secure the Capitol complex. Leahy’s offer, which doesn’t attempt to bridge a widening partisan divide, would also patch the Capitol Police and National Guard budget shortfall amid growing urgency to assist both forces as they run short of cash and resources for salaries and training.

    The Capitol Police in particular is expected to get hit with a funding pinch as soon as next month, with no fix in sight. Leahy’s offer of help is much more generous than the $1.9 billion bill the House approved in May, which barely passed after progressives objected and later stalled in the Senate amid Republican objections.


    https://www.politico.com/news/2021/07/12/capitol-police-budget-low-499352

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  3. Here is how the Capitol Police are “governed”/overseen. By the Capitol Police Board and four Congressional committees, the chairmen of which are Democrats (named along with ranking members):

    https://www.uscp.gov/the-department/oversight

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    1. We The People, in our wisdom--the wisdom of those who actually voted, put Dems in charge of Congress, so there we are. That's democracy.

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    2. Or did we? Who's to say we actually voted for any of this? Certainly not in big cities/counties controlled by Democrats. Which is not to say that Republicans aren't in on the game, I'd guess they arrived late to the party but fully invested now. The question is how long have elections been rigged and how widespread? My intuition is that the rot is very widespread but generally only effective under normal turnouts. A larger than expected turnout can surprise the gangsters and elect someone not sanctioned (a la 2016 Trump or 2020 Republican House candidates).

      Democracy seems a very poor and weak system in the face of widespread corruption. The solution may turn out to be decidedly undemocratic.

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  4. Regarding the militarization of law enforcement ...

    Is it a function of fascistic power or a response to criminality?

    Think the BAR (Browning Automatic Rifle) and Bonnie and Clyde with the Clyde/Barrow gang.

    You can chop a tree down with that thing.

    One variant is a 30 odd 6. A hunters type of load.

    Police are almost always behind historically. When they do get out front, they are scourged.

    That said, it is more a philosophical issue in what you want law enforcement to be.

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    1. I had in mind the videos of FBI arrests and home searches with regard to January 6 Event participants, few if any of whom had any history of violence. Also things like the Roger Stone arrest. Military style equipment of various sorts were used entirely without justification.

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    2. Ahhh ... yes. Like Waco and Ruby Ridge. Posse Comitatus.

      Hmmm ... yes. In this regard, utterly correct.

      This issue, though, is more of the use of law enforcement, with military weaponry and backing, for political, show, takedowns and arrests or just in general.

      Sadly, to this day, this is true.

      Yes, I am cop. I do not think we need to have a M16 M4 slung low as normal equipment. That’s more of the rest of the world type of thing. A world that many in the US, progressive, now want, but just a “few days ago”, so to speak, railed against.

      We have now, without reservation, true political prisoners due to Jan 6. Roger Stone and others were subject to what you state.

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    3. The issue to me is not the weapons, but the application of overwhelming force. That is where the discussion goes off the rails. Showing up with a SWAT team to arrest the average American at home is overkill and designed to send the message that "we are stronger than you". The right message with drug gangs, but completely unneeded for most arrests. In effect, a big enough mob with bats will send the same message as the SWAT team and it's "military style equipment".
      Also, the reason police forces have this equipment was driven by the use of body armor by a gunman a number of years ago. Pistols had no effect so the police responded.
      Steve M

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  5. Yeah Mark!!
    Please keep up the pressure and the info.

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  6. I think this subject is like any other when it comes to government expansion.

    People don't like it...

    I think your last posting on it said volumes with the statement of...

    "The GOP can remedy any part or all of this if they regain control. I recommend not holding your breath, however."

    And there is the truth of the matter... You can cuss nancy and the Dems all day long but the GOP doesn't have "boo" to say otherwise. Like all expansion it will be nurtured and exploited by all sides.

    We really need to learn to stop taking sides or deflecting blame. This isn't partisanship, it's just government vs the people.

    We all loose, they all win... In just about everything.

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    1. IMO, this is the point so difficult for most folks to reconcile: there is virtually no difference between Democrats and Republicans.

      ...it's really about who gets to spend our money.

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    2. What it really is about is that we have forgotten that America is a REPUBLIC, not a democracy. What ever happened to our Constitution and our Bill of Rights?

      The gaslighting of Americans is the real pandemic as the occupation gaslights Americans into believing they abide by our Constitution while the opposite is true; they actively, systematically dismantle it at every opportunity.

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    3. That is only because we fail to hold them accountable. It is much easier to vent our frustration than to diligently follow what's happening at our State House each day, what bills are legislators are trying to push through, what's about to hit the house floor, and how things have spiraled so completely out of control that now it seems the only power we have left is to vent. We can thank ourselves for this pitiful mess. Our Founding Fathers must be doing somersaults in their graves. Our heroes who gave their lives for our liberty so the mob can rule.

      Members of Congress are seeking to pass bills (H.R. 1177, S. 348, H.R. 1909, S. 747, H.R. 1603, and H.R. 6) that would fundamentally undermine the integrity of the U.S. immigration system, threaten American sovereignty, and grant amnesty to millions of illegal aliens.

      The Senate Democrats are presently seeking a “reconciliation” bill that only requires a simple majority to pass.

      We can start to take back our power in this way. Contact your Rep and Senator. https://www.usa.gov/elected-officials

      I hope this post is published as quite often they are not.

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