DOJ cites Civil War-era law to warn federal agents not to respond to polling stations with guns

In recent days, federal law enforcement agents across the government received a troubling communication from the Justice Department: a warning that they could be prosecuted under a Civil War-era law if they respond to a polling place with guns, even for a false report of a crime.

The memo from Corey R. Amundson, head of the DOJ’s Public Integrity Section, which oversees election crimes, was dated Oct. 15 and says it was prompted by questions about how the government might respond to Election Day violence.

It was brought to his attention Just the news by a senior police official and confirmed by several federal agents, some who said their immediate superiors provided additional guidance.

“In our role of overseeing federal election crime prosecution efforts, the Public Integrity Section, through the Election Crimes Branch, has received questions regarding the legality of having armed federal law enforcement agents at polling places,” a wrote Amundson. “Given the potential relevance of this matter to federal law enforcement agencies and the Department of Defense. we thought it prudent to inform you Title 18, United States Code, Section 592.”

“This statute — which has been in place since 1864 — makes it a crime for a federal official to send armed personnel to an operational polling place for crowd control or other purposes,” the memo added.

DOJ officials and retired agents said Just the news similar communications about the Civil War-era law have been sent in previous elections, but this year’s memo has drawn more attention domestically because of a recent ISIS terrorist plot on Election Day that was foiled a few weeks ago in Oklahoma and the more recent firebombing of ballot boxes in the North West.

The current memo warns agents that bad actors could try to trick agents into an armed response to a polling place with a false report of violence.

“Be aware that an individual or group may attempt to attract an armed federal response to a polling place in violation of statute by making a false report of a bomb threat or active shooter,” the memo warned. “Coordination with your state and local law enforcement partners is critical.”

The note stated that there are two exceptions to the law:

• “The statute does not prevent federal law enforcement personnel from carrying their service weapon when visiting a polling place to vote in a personal capacity.”
• “The statute does not prevent an armed federal response when a polling place ceases to operate because it is no longer covered by the statute under those circumstances. This can happen because of an emergency, such as a bomb threat or an active shooter.”

Federal agents said the memo created some confusion and consternation within the agency. “If we get a report of a terrorist attack and we respond like we should quickly and we get there and find it’s fake and the polling station is still working, I think we go to jail,” said one agent, speaking only on condition of anonymity because they were not authorized to speak to the news media.

Jeff Danik, a special supervisory agent with the FBI, said Just the news that note this election year felt against it and that there was probably a better way to communicate to agents. “It’s really a routine notification,” Danik said. “DOJ should have said there is a pre-approval process for a large federal response to a polling place that, absent a public safety emergency, requires specific notifications and approval.”

“Instead, being the typical weak leaders at the DOJ, they can’t help but threaten rather than communicate with street agents like children,” he added.

The handy statute dates back to the Civil War and contemporary fears that soldiers may have tried to disrupt the election in which Abraham Lincoln won a second term amid intense fighting between Union and Confederate soldiers.

The US Code was reorganized in 1948 and the text of the law enacted in 1865 was enacted by Congress to state that: “Whoever, being an officer of the Army or Navy, or any other person in the civil, military, or naval service of the United States, orders, brings, maintains, or has under his authority the authority or control of any troops or armed men in any place where a general or special election is held, unless such force is necessary to repel the armed enemies of the United States, shall be fined under this title or imprisoned not more than five years, or both. ; and be disqualified from holding any office of honor, profit. or confidence in the United States.”

History lesson aside, the DOJ memo also offered some insight into how the Biden-Harris DOJ plans to address concerns about Election Day conflicts by creating a special chain of command.

“Each US Attorney’s Office has a designated District Election Officer (DEO) and each FBI Field Office has a designated Election Crime Coordinator (ECC),” the memo explained. “If they have not already done so, your field offices should contact the DEO and ECC in their area to establish points of contact should an incident or emergency arise.

“Law enforcement response from federal, state and local agencies can and should be reported through the FBI ECC in each jurisdiction. whose role is to track and check disruptions at polling stations,” he added. “This will help ensure that any operational activity is properly de-conflicted and lawful.”