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Biden DOJ Silent On Whether It Will Enforce Fed Law Barring Protests at Justice’s Homes

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OPINION: This article may contain commentary which reflects the author's opinion.


The Biden Justice Department is raising the eyebrows of Republicans and others who are concerned about the safety of U.S. Supreme Court justices who signed on to a draft ruling overturning Roe v. Wade after protesters showed up at the homes of at least two of them over the weekend.

Such actions are against federal law, but so far, neither the White House nor Attorney General Merrick Garland has spoken publicly about whether it will be enforced, even as left-wing groups continue to threaten more protests.

Fox News reported:

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The pro-abortion protestors are targeting the private homes of the six Republican-appointed justices after the leak last week of a draft opinion signaled the Supreme Court intends to overturn the landmark abortion case Roe v. Wade.

Federal U.S. code 1507, states that any individual who “pickets or parades” 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” near a U.S. court or “near a building or residence occupied or used by such judge, juror, witness, or court officer” will be fined, or “imprisoned not more than one year, or both.”

Despite the language included in the federal statute, Attorney General Merrick Garland has not issued a public statement addressing the protests outside conservative justices’ homes. And the Department of Justice (DOJ) did not respond to Fox News Digital’s request for comment on Garland’s silence and the reason why protestors have not been arrested.

Andrew McCarthy, a senior fellow at the National Review Institute and a former national security federal prosecutor, told Fox News that he believes the Justice Department is politicized and has been silent on the issue of enforcing the law for the same reason as the Biden White House.

“They are elevating their political interest in portraying the draft Supreme Court opinion as extreme over their constitutional duty to execute the laws faithfully and protect both the Court and the justices,” he said.

“I would note that months ago, when Attorney General Garland unjustifiably dispatched the FBI to investigate parents who were protesting the inclusion of racist and anti-American materials in school curricula, Garland claimed that the Justice Department had an interest in protecting teachers and school administrators,” McCarthy continued.

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“Not only was it untrue that schools were under siege; the relationship between parents and schools is a state and local issue, not a federal one — hypothetically, if a parent were to assault a teacher, it would be a state crime, not a federal one,” McCarthy added.

He was referring to a Justice Dept. memo issued by Garland last fall that directed the FBI to look into “threats of violence” at school board meetings as a means of preventing threats against public school officials by parents angry over leftist ‘woke’ curriculum.

The AG drew major backlash for issuing the directive for its unprecedented nature but also because it came just days after the National School Boards Association penned a letter to Biden seeking his administration’s assistance in treating parents speaking out at school board meetings as potential acts of “domestic terrorism.”

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“By contrast, the protection of the Supreme Court as an institution, and of the justices’ security, are patently federal matters over which federal law-enforcement has clear jurisdiction. It is inexcusable that the Justice Department is so silent and passive now, when it was loud and active over a manufactured controversy as to which it had no jurisdiction,” McCarthy told Fox News Digital.

America First Legal senior advisor Ian Prior also responded to the Biden DOJ’s silence.

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“It says all you need to know about how politicized this Department of Justice is. Despite no records from the FBI about a spike in harassment or threats to school boards, Merrick Garland weaponized the DOJ against parents a mere four days after the Biden Administration received a letter from the NSBA,” Prior noted.

“Meanwhile, here you have protesters arguably violating federal law by protesting at Supreme Court justices’ homes to influence a legal decision, and we haven’t heard a peep from Garland. This administration has shown nothing but contempt for anyone that doesn’t fall in line with its radical policies and appears to be completely fine with extremist, mob-like tactics to back those policies,” he added.

Judicial Crisis Network President Carrie Severino told Fox News Digital in a statement: “Merrick Garland appears much more interested in treating parents like terrorists than prosecuting protesters seeking to influence the justices at their residences, which the White House has made it clear it supports.”​

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