U.S. Marshals assigned to protect Supreme Court justices in the summer of 2022 were told to avoid arresting protesters demonstrating outside several justices’ homes. Attorney General Merrick Garland was confronted with documents outlining the marshals’ training to not make arrests after Garland previously said the Justice Department didn’t prosecute protesters because U.S. Marshals made no arrests.
Under a federal statute, it is illegal for protestors to picket outside of a Supreme Court justices’ private residence with the intent to influence any decision before them in court. But following the leak of a Supreme Court draft signaling the overturning of Roe v. Wade in May 2022, several justices had protesters outside of their homes.
Republican lawmakers have scrutinized the Justice Department for failing to make any arrests. U.S. Marshals were sent to stand guard and protect the justices, but enforcement of the federal statute was limited according to how marshals were trained to handle such situations.
According to training documents obtained by Sen. Katie Britt, R-Ala., the U.S. Marshals were told to avoid criminal enforcement actions involving the protests or protesters unless “absolutely necessary,” particularly in public spaces.
The marshals were told that arrests and initiating prosecutions is not the goal of the U.S. Marshals’ presence at Supreme Court residences. They were told that any arrests of protesters was a last resort.
Garland said he was unaware of the guidelines when confronted by Sen. Britt at a Senate Judiciary Committee meeting.
