Sen. Katie Britt Urges Garland to Preserve DOJ Supreme Court Protest Records
Alabama Sen. Katie Britt has demanded that outgoing Attorney General Merrick Garland preserve all records related to the Department of Justice’s (DOJ) handling of protests outside Supreme Court justices’ homes.
The senator’s move follows nearly two years of unanswered concerns regarding the DOJ’s failure to enforce federal law in response to the protests that erupted after the leak of the Dobbs v. Jackson Women’s Health Organization decision in May 2022, as the Daily Caller reports.
Britt's Request Comes After Extended Delays in DOJ Responses
Britt’s request to Garland came after months of unanswered questions about the DOJ’s actions, or lack thereof, surrounding protests aimed at influencing justices’ opinions on abortion. Under federal law, it is illegal to picket or parade near the residences of Supreme Court justices with the intent to influence their decisions.
Protests began shortly after the leak of the Supreme Court’s draft decision in the Dobbs case, a case that would ultimately overturn Roe v. Wade. These protests lasted for months, and the situation escalated with attacks on pro-life pregnancy centers and an attempted assassination of Justice Brett Kavanaugh. Despite the federal law prohibiting such demonstrations near justices' homes, little to no enforcement action was taken by the DOJ.
Britt Questions DOJ's Inaction, Lack of Transparency
Britt has previously raised concerns regarding the DOJ’s failure to act. In March 2023, she questioned Garland during a hearing about training slides that allegedly instructed U.S. Marshals not to arrest protesters outside justices’ residences. Garland testified that he had never seen the slides, despite his assertion that U.S. Marshals had full authority to make arrests.
The senator’s concerns were heightened after she sent a letter to Garland in May 2023 requesting clarification on the DOJ’s inaction. That letter, however, went unanswered for almost an entire year. After raising the issue again in an April 2024 hearing, Britt received a response from the DOJ, though it came nearly a year late. To her frustration, the response did not address any of the original concerns or questions raised in her earlier correspondence.
Despite the delay, Britt continued to press for answers. In her most recent letter to Garland, sent Tuesday, she demanded that the DOJ preserve all relevant records, including drafts of training materials, guidance documents, post orders, and any other materials related to the enforcement of the federal statute banning protests at justices’ homes.
Britt Calls for Full Preservation of Records
Britt’s most recent letter also requested that Garland preserve email records and communications from his office regarding the enforcement of the law. The senator emphasized that the retention of these records is crucial as she works with the incoming administration to continue pursuing oversight and investigation into the matter during the 119th Congress.
Britt has made it clear that she will continue to hold the DOJ accountable for what she perceives as a failure to enforce the law and ensure the safety and integrity of the judicial process. The DOJ has yet to respond to requests for comment on Britt’s latest demands.
The department’s handling of the protests and related incidents remains a contentious issue, as many lawmakers, including Britt, insist that the DOJ has not done enough to enforce federal laws protecting the homes of Supreme Court justices from external influence.
Britt Continues Oversight Efforts
The senator’s push for transparency is part of her broader effort to maintain oversight of the DOJ’s actions surrounding the controversial protests. In her letter to Garland, she noted that despite her ongoing attempts to get answers, the DOJ had failed to meet expectations for timely and thorough responses.
"In the days following that hearing, I finally received a reply from DOJ -- almost a year late -- that did not even attempt to respond to any of the questions or requests I raised in my original letter," Britt said in her most recent correspondence.
While Britt is a Republican senator, her call for action on this matter reflects a larger, bipartisan concern over the safety of Supreme Court justices and the need for consistent enforcement of federal law. The protests surrounding the Dobbs case raised alarm about the security risks posed to members of the judiciary, particularly as they faced external pressure during one of the most high-profile Supreme Court decisions in recent history.
As part of her ongoing oversight efforts, Senator Britt’s actions underscore the broader question of the DOJ’s responsibility to safeguard the integrity of the judiciary and protect justices from undue external influence.
Continued Questions About Enforcement
The issue of enforcing federal law against protests outside the homes of justices has drawn sharp criticism. Critics argue that the DOJ’s delayed responses and failure to act swiftly suggest a lack of commitment to upholding the law.
For Britt, the stakes are high. "The retention of these records is important as I work with the incoming administration to continue pursuing oversight and investigation of this matter during the 119th Congress," she said. Her efforts indicate a long-term commitment to ensuring that justice is served when it comes to enforcing laws protecting the judiciary.
Full Investigation into DOJ's Handling of Protests Sought
As the controversy over the DOJ’s inaction continues, Britt’s oversight efforts are likely to intensify. Her request for a full investigation into the department’s handling of these protests could become a central issue in future congressional hearings, as lawmakers on both sides of the aisle seek to ensure that the rule of law is applied equally and consistently across the nation.
In the coming months, it remains to be seen how the DOJ will respond to these demands for transparency and accountability. As of now, the department has not provided any indication that it will take further action on the matter.
Ongoing Tensions Around Hot-Button Issue
With the situation still unresolved, Britt’s call for the preservation of records marks a critical moment in the ongoing battle for greater transparency and accountability within the DOJ.
As her investigation continues, it remains clear that this issue will remain a key point of contention in future discussions on judicial safety and law enforcement priorities.