Source: United States Senator for New Jersey Cory Booker

WASHINGTON, D.C. — Today, U.S. Senators Cory Booker (D-NJ), Democratic Leader Chuck Schumer (D-NY), Alex Padilla (D-CA), and Adam Schiff (D-CA) introduced legislation that would address the potential for weaponization of the U.S. Marshals Service (“Marshals” or “USMS”) by President Trump and the executive branch. The Maintaining Authority and Restoring Security to Halt the Abuse of Law Act (MARSHALS Act) would move the Marshals from the operation and direction of the executive branch to the judiciary, ensuring that USMS can perform its primary mission of protecting federal judges and to obeying, executing, and enforcing federal court orders without political interference. U.S. Representatives Eric Swalwell (D-CA-14), House Judiciary Committee Ranking Member Jamie Raskin (D-MD-08), and House Judiciary Subcommittee on Courts Ranking Member Hank Johnson (D-GA-04) introduced companion legislation in the House.

President Trump and members of his Administration are systematically undermining judicial independence and the rule of law: the President himself called for impeachment of a federal judge who ruled against him, the Vice President has suggested that the executive branch does not need to follow court orders, and a federal judge has found that the Trump Administration demonstrated a “willful disregard” for its court order. Against the backdrop of Trump’s attacks on the rule of law, serious threats of violence against federal judges and their families have risen to alarming levels. Hundreds of unsolicited pizza deliveries have been sent to the homes of federal judges and their relatives across seven states in an apparent attempt to intimidate the judiciary. Many of the deliveries have been sent to judges who ruled against the Trump Administration and some have been placed in the name of Daniel Anderl, the son of New Jersey District Judge Esther Salas, who was fatally shot by an attorney who appeared in her courtroom.

The USMS, the nation’s oldest federal law enforcement agency, risks being ensnared in Trump’s efforts to upend our constitutional order. While the USMS’s “primary role and mission” is to protect the federal judiciary and obey and enforce its court orders, the USMS is under the control of the executive branch, specifically the U.S. Attorney General who in turn answers to the President. The potential conflict looming between the USMS’s duty to provide security for and carry out the orders of the federal judiciary and the Attorney General’s control of the Marshals will put our democracy to the test if the Administration directs the USMS to ignore a court order or otherwise prevents the USMS from carrying out its duties. For example, at a recent meeting of the Judicial Conference of the United States, a federal judge expressed concern that the President could order the USMS to stop protecting judges.

“President Trump has made it abundantly clear through his words and actions that he does not respect the law, court orders, the safety of our judges, or our institutions,” said Senator Booker. “Since 1789, the U.S. Marshals have valiantly protected our nation’s judges and enforced court orders. But their dual accountability to the executive branch and the judicial branch paves the way toward a constitutional crisis. To ensure these necessary functions are carried out, Congress must act to move the bureau into the judicial branch. Our U.S. Marshals are critical to protecting the rule of law, and they must be able to do their jobs without political interference.”

“Trump’s tenure has been marked by corruption, chaos, and abuse, with his administration waging a war against the rule of law,” said Leader Schumer. “We will not allow Trump and Pam Bondi to interfere with the marshals as they enforce court orders, or weaponize them to intimidate government employees or American citizens. This legislation would protect the U.S. Marshals Service from abuse by the executive branch and ensure that law enforcement officers perform their essential duties.”

“The Trump Administration has repeatedly undermined judicial independence and misused the U.S. Marshals Service for political gain,” said Senator Padilla. “They’ve politicized the Marshals Service by intimidating the former pardon attorney, threatening USAID officials, and potentially risking the security of federal judges. Our bill restores the Marshals Service’s independence by placing it within the judicial branch so it can fulfill its core mission of protecting judges and enforcing court orders without political interference.” 

“We’ve seen threats against judges escalate as the president has threatened impeachment of those who rule against him. We have also seen the administration pull security from former officials who are still at risk because the president views them as enemies. And we have also seen the president ignore court orders he doesn’t like. The U.S. Marshals are central to preserving our democracy and upholding the rule of law. Marshals must be able to protect all judges, enforce all court orders and have the independence necessary to do their jobs,” said Senator Schiff.

“We’re seeing a rise in outrageous attacks on federal judges simply for doing their jobs. Congress must act to make sure that our courts have reliable personal, physical and electronic security to count on, and that means security not subject to the discretionary whims of a president who may disrespect judicial independence and the rule of law. This legislation is necessary to fortify the independence of the judicial branch which is essential to the survival of strong democracy. Our legislation will ensure that the U.S. Marshals can perform their duties without political interference or coercive pressure from the president or anyone else in the executive branch,” said Ranking Member Raskin.

“Judges should be in charge of their own security. Today, they’re not. And they’re facing more death threats than ever in the history of the judiciary. Today, independent judges must rely upon the executive branch, whose cases are often in front of them, for personal security. We’re in a constitutional crisis that necessitates a structural change to protect judges from political violence and intimidation,” said Congressman Swalwell. “I have seen how threats of violence to members of Congress pressure them into staying silent or influence their votes on the House floor. We cannot allow the same calculations to creep into the deliberations of independent judges. That is why I’m proud to introduce the MARSHALS Act to prevent political interference in the courts. In a time when we face a lawless president, giving the defendant command and control over the security of their judges is indefensible. That’s why my colleagues and I are moving forward to realign the U.S. Marshals Service under the judicial branch—the very institution they are sworn to protect.”

“The independence of the judicial branch and the rule of law itself are under assault by Donald Trump and his MAGA cronies,” said Representative Johnson, ranking member of the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet. “Putting control of the U.S. Marshals Service squarely within the judiciary goes a long way towards protecting the judicial branch from continued abuse by the Trump Administration.”

Specifically, the MARSHALS Act would: 

1. Create a U.S. Marshals Board modeled on the Board of the U.S. Capitol Police, the federal law enforcement agency that protects Congress. The Board would consist of the Chief Justice of the United States and the Judicial Conference of the United States.
2. Authorize the Chief Justice, in consultation with the Board, to select a Director of the U.S. Marshals Service and U.S. Marshals in each judicial district of the United States and its territories.
3. Allow the Marshals to continue their existing work of protecting judges and enforcing judicial subpoenas and court orders without political interference and preserve their other law enforcement functions (pursuing fugitives, seeking missing children, etc.) at the request of the Attorney General and with the consent of the Director of the Marshals

The MARSHALS Act is endorsed by the following organizations: Citizens for Responsibility and Ethics in Washington (CREW), Court Accountability, Demand Justice, Fix the Court, People for the American Way, and Public Citizen.

“As a co-equal branch of government the judiciary should be responsible for the security of judges and should not have to rely on the benevolence of the executive branch to enforce court decisions,” said Debra Perlin, Vice President for Policy at Citizens for Responsibility and Ethics in Washington. “But under our current system the courts rely almost exclusively on the executive branch for judicial security with the Attorney General overseeing the U.S. Marshals Service, the Department of Justice bureau responsible for protecting judges and enforcing court orders. With threats against judges both from litigants and public officials reaching historic highs, it is past time for this to change. We thank the lead sponsors for introducing the MARSHALS Act and encourage all senators to work together to ensure that the judiciary can fulfill its constitutional and statutory functions safely and without fear of political interference.”

“This legislation is a critical bolster for checks and balances at a time when the Trump administration is defying court orders and leveling threats against judges simply for doing their jobs. If we want fair-minded judges to be able to defend the rule of law, it’s essential that we empower the judiciary to ensure compliance with its orders and protect judges from a dangerous surge in violent threats,” said Alex Aronson, co-founder and executive director, Court Accountability.

“Trump has shown us that virtually nothing is out-of-bounds when it comes to eliminating checks on his dangerous, unpopular agenda. The Marshals must be able to carry out their duties without political interference and judges deserve to have protection regardless of how they rule on cases. This has been made even clearer by Trump and his allies’ threats and intimidation tactics against federal judges and others they view as their political enemies. We applaud the bill sponsors for introducing this bill and taking this important first step,” said Maggie Jo Buchanan, Interim Executive Director of Demand Justice.

“Presidents supervise more than a dozen law enforcement agencies, but the fact that the primary mission of one of them is to protect members of another branch has never made a whole lot of structural sense. I applaud the bill’s sponsors for crafting a bill to move that agency, the U.S. Marshals Service, from Article II to Article III, thereby ensuring that judges’ safety isn’t subject to interbranch politics or other distractions — all the more important today, as both Democratic and Republican appointees face unprecedented threats,” Fix the Court executive director Gabe Roth said.

“The US Marshals Service plays an essential role in enforcing federal court orders and protecting federal judges. Now, with a president who is undermining the rule of law and challenging courts’ authority,  coupled with a rising tide of threats against federal judges, the integrity of the Marshals Service is more important than ever. Without fair and independent courts, our freedom to speak our minds and challenge those in power will come to an end. Judges must be able to freely and fairly interpret the law and the constitution without fear for theirs and their families’ safety. We cannot wait until it’s too late to protect our courts. We congratulate Senator Booker, Leader Schumer, Senator Schiff, and Senator Padilla on introducing this important legislation and lifting up the need for robust protections for the safety and sanctity of our federal courts,” said People For the American Way, President Svante Myrick.

“This commonsense legislation from Leader Schumer, Senator Booker, Senator Schiff, and Senator Padilla will simply ensure that the judiciary’s decisions are followed. In this era of executive branch court defiance, a repositioning of the marshals within the judiciary branch is a sensible move to protect the prerogatives of our coequal branches of government. Public Citizen applauds this smart policy,” said Lisa Gilbert, Public Citizen, Co-President.

To read the full text of the bill, click here.