Sen. Ted Cruz laid waste to an assistant attorney general on Wednesday during a hearing over the Justice Department’s ongoing refusal to enforce a federal law that prohibits demonstrations and protests at the homes of U.S. Supreme Court justices.
The Texas Republican’s rebuke comes after months of protests in front of the homes of conservative justices following the leak of a draft opinion overturning the landmark Roe v. Wade decision that legalized abortion in all 50 states in 1973.
The ruling was made official in June and protests have continued since then, but the Justice Department has not moved to enforce a federal statute that limits otherwise protected First Amendment activity regarding government officials.
Federal law 18 U.S.C. §1507 states:
Whoever, 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, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.
Attorney General Merrick Garland has received no shortage of criticism for refusing to uphold the statute, The Blaze noted. As such, during a Senate Judiciary Committee hearing, Cruz grilled Assistant Attorney General Kenneth Polite Jr. over the Justice Department’s inaction.
“Night after night after night protesters committed federal crimes on national television. Why has the Department of Justice refused to enforce 18 U.S.C. §1507?” Cruz asked.
But according to Polite, the U.S. Attorney’s Office in Maryland has prosecuted an individual for “unlawful conduct” outside a Supreme Court justice’s home.
“So one person?” Cruz quickly asked in a follow-up.
“To date, there has been one prosecution,” Polite clarified.
“What about the hundreds of others, all of whom have violated the law on the face of it?” Cruz shot back. “It’s not complicated. The law is very clear. Why does the DOJ pick and choose which criminal laws to enforce, and why does it seem to exactly follow the pattern of partisan preferences of the Biden White House?”
Responding, Polite explained that the Justice Department has bolstered resources for U.S. Marshals to increase their ability to protect Supreme Court justices, but he went on to disagree with the Texas Republican’s claim that the department is not enforcing 18 U.S.C. §1507.
“Final question: Was the one prosecution you referenced a [18 U.S.C. §1507] prosecution or was it something else?” Cruz then asked.
“I don’t believe it was under that statute,” Polite admitted.
“So you haven’t brought a single one?” Cruz asked.
Polite responded by not directly answering Cruz’s question, leading the Texas Republican to end his questioning with the statement: “I think you need to follow the law.”
