Questions are being raised about why the Capitol Police appear to be hiring a prosecutor, despite not being part of the executive branch.
The listing for an attorney position, posted July 29 on USAJobs.gov, says that the employee would “serve as a Special Assistant United States Attorney” in the Capitol Police’s District Offices. The salary is between $145,094 and $186,368 per year.
“This position is to represent the United States Government primarily prosecuting individuals and/or groups who have engaged in threats and/or acts of violence against Members of Congress, their staffs, United States Capitol Police employees, visitors to the Capitol complex, and facilities and properties within the Capitol Complex,” the listing says.
However, rather than the hiring agency being the Department of Justice, the posting was made by the Capitol Police, which raises some problems according to Mike Davis, founder of the Article III project.
“It is constitutionally wrong to have prosecutors report to law enforcement. It should be the other way around,” Davis said.
Additionally, the leadership of the Capitol Police is a three-person board that includes the House and Senate Sergeants at arms, Davis said. Those individuals are nominated by House Speaker Nancy Pelosi (D-CA) and Senate Majority Leader Chuck Schumer (D-NY).
“This is clearly unconstitutional to have federal prosecutors working for Speaker Pelosi and Chuck Schumer in Congress,” Davis said, since prosecution falls under the Executive Branch, not Congress. He also noted how special prosecutors often have a tremendous amount of autonomy.
“They’re going to be able to do whatever they hell they want,” Davis said.
Davis claimed that these attorneys will essentially be “Pelosi and Schumer’s hand-picked federal prosecutors doing their bidding.” Such an arrangement, he said, where lawmakers have their own prosecutors, “leads to tyranny.”
Davis raised the question of how this came about in the first place.
“Who signed off on this?” he asked, questioning whether Attorney General Merrick Garland himself approved it.
A Capitol Police spokesperson told the Daily Wire that the idea did not come from any member of Congress, but Davis isn’t convinced. He said it is “not believable that Speaker Pelosi and Senate Majority Leader Schumer did not have their hands in this,” even if it was through their respective sergeants at arms.
Davis also pointed out that the time frame of the listing is from July 29 to Aug. 19. This typically means that the people in charge already know who they want to pick, according to him.
“This is going to put every prosecution by this unconstitutional army of legislative prosecutors in constitutional jeopardy in the federal courts,” he warned.