DOJ Restricts Armed Agents at Polls: Title 18 Enforcement Steps Up

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Department of Justice building with American flag.

The DOJ moves to limit armed agents at polling places due to security threats, reviving a Civil War-era statute. There a reportedly issued threats from ISIS. The DOJ believes such threats are only meant to provoke fear.

DOJ Enforces Civil War-era Statute

On October 15, the DOJ issued a memo restricting federal agents from armed presence at polling places, basing its measures on Title 18, U.S. Code, Section 592. This statute, dating back to the Civil War, aims to prevent military interference in elections. As concerns over security threats, such as the thwarted ISIS plot, have grown, the DOJ emphasized collaboration with local and state authorities to ensure legal protocols are followed at voting sites.

The memo, issued by Corey R. Amundson, Chief of the DOJ’s Public Integrity Section, cautions agents about armed responses to polling sites, even when faced with false crime reports. The DOJ has reiterated exceptions to the law: armed federal personnel are permitted when personally voting or when emergent situations halt polling operations, provided protocols are adhered to maintain integrity.

Addressing Security Concerns

Recent threats, including fire bombings and ISIS plans, have amplified scrutiny on election security. While communications similar to this year’s memo were issued in past elections, current risks have heightened awareness. The DOJ underscores the potential risk of manipulation through fake alerts meant to provoke armed federal responses, urging vigilance and adherence to the designated chain of command involving District Election Officers and FBI Election Crime Coordinators.

Confusion among agents regarding response to fake threats and legal repercussions highlights the need for clear communication. Retired FBI agent Jeff Danik criticized the memo, suggesting that it instead outline a simple approval process for federal responses, barring emergencies. This effort aims to preserve public trust and uphold electoral integrity.

Monitoring Compliance and Ensuring Rights

The DOJ’s monitoring of compliance with federal voting rights is set for November 5, covering 86 jurisdictions across 27 states. Collaborations include various DOJ divisions, U.S. Attorney’s Offices, and federal observers, overseen by the Civil Rights Division. This effort ensures all citizens’ rights to access the ballot in compliance with federal civil rights laws.

A dedicated number is available for reporting disruptions. Jurisdictions under scrutiny include Alaska, Arizona, California, and several other states, ensuring no voter intimidation or suppression based on race, color, national origin, or religion. DOJ’s oversight guarantees access and adherence to civil rights and voting protections.

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