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Rep. Eric Swalwell (D-Livermore) is among a group of lawmakers leading the charge for proposed new legislation that would shift oversight of the U.S. Marshals Service from the executive to the judicial branch amid increased pressure and threats against judges in the early months of the current presidential administration.
Swalwell introduced the “Maintaining Authority and Restoring Security to Halt the Abuse of Law (MARSHALS) Act” alongside Rep. Jamie Raskin (D-Md.) and Rep. Hank Johnson (D-Ga.), which would shift the direction and operation of the agency from the executive branch to the judiciary with the goal of supporting one of its primary functions of providing protection for federal judges and enforcement for federal court orders – and “preventing weaponization” of the agency by the current presidential administration, according to a joint press release from lawmakers.
“Judges should be in charge of their own security,” Swalwell said in the May 23 press release. “Today, they’re not. And they’re facing more death threats than ever in the history of the judiciary.”
Threats to judges have spiked in recent months according to reporting from the New York Times on data from the Marshals Service, with 162 judges reporting threats during a six-week period starting March 1 – more than double the 80 threats that had been reported between the start of the year and March 1. The Marshals Service reported investigations into a total of 822 threats in the 2023-24 fiscal year.
“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,” Swalwell said.
Swalwell said that he had seen first-hand how threats of violence against him and his colleagues in the House have served as pressure to silence them or influence their votes.
“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,” Swalwell said. “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.”
Companion legislation has also been introduced in the senate by Sens. Cory Booker (D-N.J.), Chuck Schumer (D-N.Y.), Alex Padilla (D-Calif.) and Adam Schiff (D-Calif.).
“We’ve seen threats against judges escalate as the president has threatened impeachment of those who rule against him,” Schiff said. “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.”
The “MARSHALS Act” was referred to the Senate’s Judiciary Committee following its introduction May 22.
