After the preliminary decision on Roe v Wade was leaked, protesters began showing up at the houses of conservative Supreme Court Justices. This is illegal. An assassin showed up at Brett Kavanaugh’s house. I believe this is illegal also. Garland claimed he had nothing to do with the lack of arrests and that it had been left up to the US Marshals on what actions to take. Naturally, that was a lie because the DOJ told the marshals not to arrest anyone unless it was absolutely necessary.
Under 18 U.S.C. § 1507, protesting outside the homes of justices, among other areas, “with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty” is prohibited. Violators are subject to fine or imprisonment.
Sen Josh Hawley is formulating a plan to wake up Merrick Garland to his duties. Stop paying him. The man does not show up for work, so why should we pay him? “If anybody needs to have their funding denied, it’s Merrick Garland; maybe we need to zero out his salary,” Hawley said, explaining such action would “make clear to him he needs to do his job and enforce the law.”
The veiled threat came as Hawley discussed the security of the nine Supreme Court justices. Republicans have expressed concern that their security could be compromised if Senate Democrats make good on threats to use the power of the purse to compel the Supreme Court to enact ethics reform.
At a Senate hearing in March, Garland was grilled over why he did not enforce 18 U.S.C. § 1507. In an exchange with Sen. Ted Cruz (R-Texas), Garland said U.S. Marshals stationed outside the homes of the justices decided whether or not protesters should be arrested.
Cruz correctly pointed out that, even if U.S. Marshals are the on-the-ground authority, Garland still has the authority to prosecute offenders.
Importantly, Sen. Katie Britt (R-Ala.) disclosed in March that U.S. Marshals were directed to “avoid, unless absolutely necessary, any criminal enforcement” against the protesters and that “making arrests and initiating prosecutions was not the goal.”