ANDREW McCARTHY: Biden-Harris Justice Department tangles with red states on Election Day

There is no need to list examples of the Biden-Harris Justice Department’s politicization of law enforcement — the list is long and notorious. Nevertheless, if Congress has authorized the federal government to carry out statutory offenses, and the statute is not constitutionally flawed, no state may allow its Department of Justice to enforce statutory offenses within its territory. cannot be prevented. period.

Texas and Missouri reportedly object to the Justice Department sending observers to various election districts in those states. FOX News’ David Spant reports that the Texas dispute appears to have been resolved by agreement between the parties, but a federal judge in Missouri (an appointee of former President Trump) has denied the state’s request for a restraining order from the Justice Department. It was reported.

In my opinion, it is reprehensible for the Department of Justice to deploy monitors unless there is a legitimate reason for a federal investigation. Again, this is a highly politicized Department of Justice. It’s no surprise that Attorney General Merrick Garland and his radical left civil rights director, Kirsten Clark, would invoke saber rattles in red states. suggest The Republican-controlled state government claimed it was violating the civil rights of minority voters, rather than basing its investigation on actual evidence that raised a reasonable suspicion of illegality.

That said, states do not have the power to tell the federal government what to investigate, and the Supremacy Clause of the Constitution prohibits states from interfering with federal enforcement of potential violations of federal law. There is.

Congressman Roy questions the Justice Department about its “coordination” with left-wing groups to purge voter rolls in the state where the lawsuit was filed

in Article 241 Under federal criminal law (to cite the most notable example), Congress made this a felony offense.

Injury, oppress, or intimidate any person in any State, Territory, Commonwealth, territory, or district by two or more persons in the free exercise or enjoyment of any right or privilege guaranteed by the Constitution or law; or conspires to commit or intimidate. United States, or because he practiced the same[.]

This civil rights crime has been around since the post-Civil War era. It specifically targeted the Ku Klux Klan’s forcible oppression of black Americans to prevent them from voting in the South.

Over time, as inevitably happens, this law has been expanded upon by federal prosecutors. For example, special counsel Biden and Harris. Jack Smith invoked §241 The so-called J6 indictment charges former President Donald Trump with conspiracy to corrupt the 2020 presidential election. The Justice Department’s theory is that by challenging the universal suffrage results in disputed states based on claims of voter fraud that Smith claims Trump knew were fraudulent, the former president was They allegedly conspired to harm Americans in those states.

Virginia toasts Supreme Court ruling on election integrity as ‘huge victory’

In my opinion, Smith’s theory in the Trump case is an overreach that borders on absurdity. Nevertheless, this provides a useful example of the Department of Justice’s interpretation of Section 241. Federal prosecutors see this as a broader mandate to protect voters from interference.

Of course, that doesn’t mean the Justice Department should use civil rights law. excuse To conduct an investigation in the absence of solid evidence. If the federal government has evidence of a conspiracy to interfere with voting, it should cooperate with law enforcement in the affected states.

But for now, this is more of a political than a legal dispute. States do not have the power to prevent the Justice Department from investigating potential violations of federal law. And there is no right to challenge the Justice Department monitor unless and until the individual is charged with a crime based on flimsy evidence.

For more FOX News opinions, click here

There are exceptions. Just as states do not have the power to block the Justice Department from conducting investigations, the federal government does not have the power to interfere with states’ election administration. Under the constitution, such administration is primarily the responsibility of the state.

Attorney General Merrick Garland addresses staff on his first day at the Department of Justice on March 11, 2021 in Washington, DC. (Getty Images)

As a result, the Department of Justice’s monitors have found that in some material way the State’s ability to ensure free and fair elections is impeded or that the Department of Justice violates state law in a way that is unnecessary for the Department to faithfully enforce federal law. Under this law, if a state has evidence of a violation, it should ask federal officials to resign, and if that doesn’t work, ask a court to order the Justice Department to resign. Should.

There appears to have been a federal-state agreement to resolve the Texas dispute. The Justice Department agreed that observers would maintain an appropriate distance (at least 100 feet) from polling places and central counting locations and would not interfere with voters attempting to exercise their right to vote. Voters can, however, speak to federal monitors if they wish. As a result, Texas withdrew its request for court intervention.

CLICK HERE TO GET THE FOX NEWS APP

That’s how disputes like this should be resolved, but again, the Department of Justice should only monitor when there is a real reason to do so. Absent solid evidence of voter interference, there is no reason to believe that Texas and Missouri will not provide fair elections.

Still, for states to prevail in court, they would need evidence of substantial federal interference in state functions. If the state’s real argument is that the mere presence of federal employees is offensive, that’s not a valid legal complaint…it may be a very valid political complaint.

Click here to read more about Andrew McCarthy