WASHINGTON, DC -- After the Trump Administration ordered large numbers of unidentified law enforcement officers to patrol the streets of Washington, DC, U.S. Senator Jack Reed (D-RI) joined with Chris Murphy (D-CT) in introducing the Law Enforcement Identification Act (S. 3909).  This legislation requires all federal law enforcement officers, contractors, and members of the Armed Services to clearly identify themselves and their service branch or agencies, badge number, or rank while they are engaged in crowd control at civilian protests or other similar activities. 

Senator Reed also led a letter to Attorney General William Barr, Secretary of Defense Mark Esper, and other cabinet officials raising questions about whether federal law enforcement and security agencies have been inappropriately mobilized in response to protests over the death of George Floyd.

“When the federal government deploys armed, protective forces in our communities, maintaining trust and accountability is paramount and that means preserving transparency.  Anything short of that diminishes our democracy and jeopardizes the legitimacy of law enforcement.  Those who enforce the law must uphold the law and the Trump Administration must be held accountable for its actions.  The President talks about wanting to dominate the streets, but that doesn’t give him or the Attorney General an excuse to trample on the Constitution.  There should be bipartisan commitment to strong oversight, accountability, and preventing unchecked abuse of power,” said Senator Reed.  “The use of unidentified security forces is unacceptable and must be stopped.  Our troops and law enforcement personnel who engage in crowd control are trained professionals.  Being properly identified helps them to do their jobs legitimately and effectively.”

 While the head of the federal Bureau of Prisons, Mr. Michael Carvajal, has publicly apologized for deploying heavily-armed, unidentified security personnel to patrol protests in Washington DC without identifying badges, uniforms, or insignia, Senator Reeds says additional steps are needed to prevent the Trump Administration from repeating this counterproductive, dangerous trend.

“There is no legitimate reason to conceal what branch of the government federal crowd control forces are working for.  If people can’t trust who is actual law enforcement and who isn’t, it makes everyone less safe,” noted Reed.

The Law Enforcement Identification Act will require federal law enforcement officers, including contract employees, and members of the Armed Forces engaged in civilian crowd of individuals engaged in civil disobedience, demonstrations, protests, or riots to visibly display identifying information.  It would not apply to undercover agents or plainclothes officers.

Additionally Reed, the Ranking Member of the Armed Services Committee, along with Senators Chuck Schumer (D-NY), Diane Feinstein (D-CA), Mark Warner (D-VA), and Gary Peters (D-MI) sent a letter to the U.S. Department of Justice, the U.S. Department of Defense, the U.S. Department of Interior, and the U.S. Department of Homeland Security seeking answers about what forces the Trump Administration deployed against protesters; where they were deployed; what additional or extraordinary authorities these forces were given; and what, if any, steps have been taken to ensure they are respecting the Constitutional rights of the protestors they are now policing in exercising their authorities.

Text of the letter follows:

June 5, 2020

Dear Attorney General Barr, Secretary Esper, Secretary Bernhardt, and Acting Secretary Wolf:

On June 2, 2020, Buzzfeed reported that Timothy Shea, Acting Director of the Drug Enforcement Agency, requested and was granted expanded authority to conduct covert surveillance, share intelligence, intervene at protests as federal law enforcement, and engage in other enforcement and investigative activity. (“The DEA Has Been Given Permission To Investigate People Protesting George Floyd’s Death,” Buzzfeed News, 6/2/2020).  This reporting came just one day after a hybrid force consisting of the U.S. Secret Service, the U.S. Park Police, the D.C. National Guard, and possibly others forcibly removed peaceful protestors from Lafayette Park directly across from the White House using tear gas and rubber bullets.

These are troubling indicators that federal law enforcement and security agencies are being inappropriately mobilized in response to protests over the death of George Floyd – an unarmed black man who was killed by a Minneapolis police officer who knelt on his neck for eight minutes and 46 seconds as he lay handcuffed.  

We request you provide, from each of your agencies: what forces you have deployed against these protests; where you have deployed them; what additional or extraordinary authorities these forces are exercising or have been provided (similar to the DEA); and what, if any, steps have been taken to ensure they are respecting the Constitutional rights of the protestors they are now policing in exercising their authorities.  Please provide this information by the close of business on June 8, 2020.  We would further expect that each agency will offer appropriate officials for follow-on briefings on these subjects in the following week.

The First Amendment protects the rights of all Americans to protest and seek equal justice under the law.  While there has been some unacceptable looting, it is unclear what justifies granting the extraordinary actions of your agencies in the past week, whether by granting DEA the authority and responsibility to conduct “covert surveillance” on Americans exercising their constitutional rights or directing law enforcement or military personnel to engage in a use of force against peaceful protestors.  We are deeply concerned that, in the wake of the horrific killing in Minnesota, there is a lack of transparency regarding the forces you have deployed and under what authorities you have deployed them.  These actions only further undermine the American people’s faith in their law enforcement.

These are incredibly difficult times.  Americans across the nation are understandably shaken by all they have experienced and witnessed in recent weeks and months. We expect that each of you will, in addition to providing the information we have requested above, immediately and publicly order your forces to exercise maximum restraint when dealing with peaceful protestors and respect the Constitutional rights of those protestors.  We will be closely monitoring how you handle this situation—these protestors are our fellow citizens, not terrorists. You should act accordingly.

We look forward to your reply.

Sincerely,