About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (January 22, 2021)

handle is hein.crs/govebll0001 and id is 1 raw text is: Service h ib ~i I si Vfl4 January 22, 2021 Law Enforcement's Response to the January 6th Events at the Capitol On January 6,2021, security at the Capitol was breached by people who reportedly sought to prevent Congress from certifying the votes of the Electoral College. Some individuals clashed with law enforcement officers and for severalhours occupied parts of the Capitol. At the request of District of Columbia Mayor Muriel Bowser and the U.S. Capitol Police, law enforcement agents fromthe Department of Justice (DOJ), along with law enforcement officers from the U.S. Park Police, the Metropolitan Police Department (MPD), and law enforcement agencies in Maryland and Virginia, assisted with expelling the occupiers and securing the Capitol. In addition to the damage done to the Capitol, pipe bombs were found near the Democratic and RepublicanNational Committees' offices. A car with 11 explosive devices was found near the Capitol. Some reportedly brought firearms and ammunition onto the Capitolgrounds. DOJis jointly investigating criminal cases stemming fromthe events at the Capitolwith MPD and the Capitol Police. (For more information on federal criminal statutes that might be implicated by the unrest at the Capitol, see CRS Legal Sidebar LSB10564.) It has also been reported that DOJ and the Federal Bureau of Investigation (FBI) have established a sedition and conspiracy taskforce to investigate and pursue charges related to the January 6th events at the Capitol. (For more information on people charged with offenses stemming from these events, see https://www.justice.gov/ opa/investig ations-regarding-violence-capitol.) This In Focus describes the juris diction and investigatory responsibilities of the law enforcement agencies that responded to the Capitol unrest. It also provides an overview of the authority for federal, state, and local governments in the National Capital Region (defined as the District of Columbia; Montgomery, Prince George's, Arlington, Fairfax, Loudon, and Prince William Counties; and Alexandria) to enter into mutual aid agreements with each other. Law Enforcement Agencies U.S. Capitol Police Under 2 U.S.C. § 1961, the CapitolPolice are responsible for policing the Capitolbuilding and grounds. Under this authority, the Capitol Police are authorized to make arrests in the Capitol building or on Capitol grounds for violations of any law of the United States, of the District of Columbia, or of any State. (For more background on the Capitol Police, see CRS Insight IN11570). Metropolitan Police Department (MPD) MPD is the primary law enforcement agency in the District of Columbia and it has the juris diction to investigate https ://crs repo criminal offenses committed in the district. While MPD officers can make arrests on Capitolgrounds, MPD cannot enterthe Capitolgrounds to make an arrest in responseto a complaint, serve a warrant, orpatrolthe grounds without the consent orrequest of the Capitol Police (2 U.S.C. § 1961(a)). Per MPD GeneralOrder 310.01, investigative responsibilities for crimes committed on the Capitol grounds are the responsibility of the Capitol Police, with the exception ofhomicide and serious sexoffenses, which are jointly investigatedby MPD and the CapitolPolice. Federal Bureau of Investigation (FBI) Under 28 U.S.C. §533, the FBI is authorized to investigate any federal crime where jurisdiction is not specifically as signedto another department or agency. Two ofthe FBI's investigatory priorities are terrorismand violent crime. The FBI has taken the lead in identifying suspects wanted for crimes related to the unrest at the Capitol. US. Marshals Service (USMS) USMS provides security for the judiciary, serves warrants issuedby U.S. courts, apprehends fugitives, and transports prisoners (28 U.S.C. §566). USMS also effectively serves as the sheriff's office for Washington, DC. USMS has been involved in arresting people who are charged with crimes related to the breach of Capitol security. Bu reau of Al coh ol, Tobacco, Firearms, and Explosives (ATF) Under 28 U.S.C. §599A(b), ATF is responsible for investigating criminal and regulatory offenses related to federal firearms, explosives, arson, alcohol, and tobacco smuggling laws. ATFcan also investigate cases of violent crime and domestic terrorismdelegatedto it by the Attorney General. U.S. Park Police (USPP) Section 102701 of Title 54 of the U.S. Code authorizes the Secretary of the Interior to establish a law enforcement agency to maintain law and order and protect individuals and property in the nationalparks system. In Washington, DC, the USPPprimarily provide law enforcement services on the NationalMalland theEllipse. Also, under section5- 206 of the D.C. Code, USPP officers have general policing powers (e.g., the authority to make arrests based on probable cause or s erve warrants) on and within roads, p arks, parkways, and other federal reserv ations of Washington, DC. Tactical Capabilities All three agencies deployed by DOJ in response to the violence at the Capitol (FBI, ATF, and USMS) and the U.S. Park Police maintain tacticalteams. There were reports that rts.congress.gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most