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Federal Agents ‘Do Not’ Need Permission To Go Into Cities To Enforce Federal Laws – Here’s Why

by Rich Welsh
July 23, 2020
in Politics
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Federal Agents ‘Do Not’ Need Permission To Go Into Cities To Enforce Federal Laws – Here’s Why
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Donald Trump made a statement yesterday that he was sending federal forces into Chicago.  He didn’t take the easy way, he took the right way.  Many people around him have been giving him advice to stay out of local jurisdictions and just let the American people see the chaos and slaughter of innocents.

A 3-year-old girl was shot in the face on Wednesday in South Shore Chicago while riding in the family car.  The politicians in Chicago have allowed this to happen.  That 3-year-old girl had rights.  What if, God forbid, she doesn’t make it?  That’s a lifetime stolen from us.  Yes, us, society.

Life means very little to the animals who would recklessly shoot in the direction of a car driving by and hitting a little girl in the face.  If she died, by normal standards that 3-year-old girl would have lived to at least 70.  If she doesn’t make it, that’s 67 years stolen from her.  That means no cherished memories for her parents.  No birthday parties, no Christmas mornings, never knowing the fun of Halloween, of her first dance, wearing a prom dress.  It means no going to college.  No getting married and having children of her own.  No grandchildren.  No memories of a life well lived, because some Democrats refuse to do their jobs and protect the people of their cities.

Prior to making his plans “official” Chicago Mayor Lori Lightfoot (D) vowed on Monday that she is going to “use every tool” she has to stop the federal government from having federal law enforcement agents operating in Chicago the way they did in Portland and criticized the local Fraternal Order of Police leader as “unhinged” and hungry for attention for his stance on the issue.  She made the announcement on MSNBC’s “the ReidOut.”

The mayor has since backed down, because someone must have told her there’s nothing she can do about federal agents coming into her city to enforce federal laws.

“Perhaps no citizens have suffered more from the menace of violent crime than the wonderful people of Chicago, a city I know very well,” Trump said.

Attorney General William Barr said hundreds of federal agents would participate in the Chicago surge, where they will be engaged in “classic crime-fighting” such as investigating homicides, gangs, gun crime and drug trafficking organizations.  The new agents will include members of the FBI, U.S. Marshals Service, the Drug Enforcement Administration and the Department of Homeland Security, and other agencies.

As soon as Trump started talking about sending federal agents into local jurisdictions to protect federal property left wing mob immediately hyperventilated with cries of “that’s unconstitutional” and declaring that by law the president has to have the permission of the governor and or local authorities to do anything inside their jurisdictions.

We reported on Portland Mayor Teargas Ted Wheeler telling a bunch of protesters Wednesday night that federal agents coming to Portland was unconstitutional.

Governor Tom Wolf of Pennsylvania said the idea of federal agents in Philadelphia “would be unwelcome here as it has been in Portland.”

Trump ripped blue city mayors as “liberal Democrats.”

Wolf, a Democrat, sniped at Trump’s outlook on Democrats and made clear his stance on the idea of deployment of federal agents to cities across the state.

“Yeah apparently he doesn’t listen to me,” said Wolf to a round of laughter from the mostly doctors, nurses and health care workers at the press conference, which was held in a parking lot at York Hospital. “Certainly I would voice my opposition.”

House Speaker Nancy Pelosi, who should know federal law for goodness’ sake, said of federal agents going into Portland that they were “kidnapping protesters in unmarked cars in Portland – all with the goal of inflaming tensions for their own gain.”

These people are as ignorant as it gets.  I truly believe that Democrats call anything they don’t like unconstitutional, because they have no idea what is in the Constitution, or what is federal law.

Enough is enough!  It’s time to set the record straight.

The president of the United States needs no permission from any governor or mayor, or any other publicly elected official, to go into any jurisdiction to enforce federal laws or to protect federal property, period.  Full stop.

If you look up United States Code (USC), that’s where all of our federal laws are sitting, and you search for 18 U.S. Code §3056 Powers, authorities, and duties of United States Secret Service (Emphasis added.), that’s where it lists everything the Secret Service, under the authority of Homeland Security, is allowed to do.  Read it here.

For example, Section (b) (3) says:

Under the direction of the Secretary of Homeland Security, the Secret Service is authorized to detect and arrest any person who violates—

…  any of the laws of the United States relating to electronic fund transfer frauds, access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of Homeland Security and shall not affect the authority of any other Federal law enforcement agency with respect to those laws.

So, that means if someone in a city commits fraud with a wire transfer or uses false ID to commit a crime, that is a violation of federal law, and federal agents have to ask NO ONE for permission to go in and arrest the criminal.

Under Section (c) is the following:

(1)Under the direction of the Secretary of Homeland Security, officers and agents of the Secret Service are authorized to—

(A) execute warrants issued under the laws of the United States;
(B) carry firearms;
(C) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony;
(D) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or potential violation of those provisions of law which the Secret Service is authorized to enforce;
(E) pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of Homeland Security and accounted for solely on the Secretary’s certificate; and
(F) perform such other functions and duties as are authorized by law.

Just so we’re clear, federal agents have a lot of authority to enforce federal laws anywhere in the United States where federal laws are being broken.

Here’s another one.  Under 40 U.S. Code §1315.Law enforcement authority of Secretary of Homeland Security for protection of public property (Emphasis added.):  this section of federal law says that the Department of Homeland Security can deputize any federal agent to do any operation done by the specific federal agency being assigned the temporary duty of an operation.  Read it here.

That means FBI, DEA, ATF, Secret Service, Federal Marshals and others can be deputized to go into local jurisdictions to enforce federal laws or to protect federal property explain here:

(a) In General.—

To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security (in this section referred to as the “Secretary”) shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property. (Emphasis added.)

(b) Officers and Agents.—
(1) Designation.—
The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.
(2) Powers.—While engaged in the performance of official duties, an officer or agent designated under this subsection may—
(A) enforce Federal laws and regulations for the protection of persons and property;
(B) carry firearms;
(C) make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
(D) serve warrants and subpoenas issued under the authority of the United States;
(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and
(F) carry out such other activities for the promotion of homeland security as the Secretary may prescribe.

So, now you know that the next time you hear a mayor, a governor, a member of Congress, or the idiotic mainstream news media say that federal agents going into cities is unconstitutional, they are lying to you.  Either that, or they are as ignorant as it gets.  There’s no third option.

Rich Welsh

Rich is  syndicated opinion columnist for David Harris Jr. and owner of Maga-Chat.com.  He writes about politics, culture, liberty and faith.

MAGA-Chat.com, where free speech is still free.  JOIN the revolution!

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Comments 8

  1. Kari says:
    7 months ago

    Yeah, we all knew when Homeland Security was instituted, that it was just another communist-front agency. No one wanted HS, the Patriot Act, or any other department. Get a job – one that doesn’t leech off my wallet — and get rid of all these communist agencies.

    Reply
  2. Pat Gage says:
    7 months ago

    David, I have long held to the theory that Democrats do not know the law and just make stuff up as they go. Because knowing the law is just too damn hard for them to comprehend and does not support their agenda.

    Reply
  3. Susie Smith says:
    7 months ago

    Thank you President Trump for doing the right thing. God Bless you. Praying for you , Pence and all law enforcement and front line responders for your safety.

    Reply
  4. KATHY STORRIE says:
    7 months ago

    OUR IMPERFECT BUT INTELLIGENT FOREFATHERS FILLED WITH ENGLAND’S BAD HINDSIGHT WERE HAND-PICKED BY GOD BEFORE THE FOUNDATION OF THE WORLD TO WRITE THE UNITED STATES CONSTITUTION IN 1776. HOW ELSE WOULD THEY KNOW WHAT TO WRITE IN SUCH AN IMPORTANT DOCUMENT IF THEY WEREN’T INSPIRED BY A HIGHER POWER THAT WAS GOING TO SUCCEED FOR OVER 244 YEARS? THE CREATOR OF THE UNIVERSE KNEW HE HAD TO EQUIP THESE LIBERAL & CONSERVATIVE MEN WITH ENOUGH TOLERANCE, COMMON SENSE, HUMOR, AND SOUND WISDOM TO MAKE AMERICA GREAT FOR A LONG, LONG TIME EVEN WITH ALL HER MISTAKES. GOD KNEW THAT CHRISTIAN VALUES IN THE CONSTITUTION WOULD STABILIZE THE LAND TO WORK BETTER BY NOT PUSHING ANY ONE RELIGION DOWN THE AMERICAN’S THROATS. IN NO WAY WAS THE CREATOR EVER GOING TO ALLOW THE NEW COUNTRY HE CREATED TO BE DELIBERATELY DESTROYED BY A HANDFUL OF REPROBATE MINDS WHO HATE TRUMP AND AMERICA WHO GOD LOVES. TRUMP HAD TO SEND IN THE FEDERAL AGENTS BECAUSE “WHERE WERE THE CLOWNS?” WHEN GOD AIN’T HAPPY, NOBODY’S HAPPY! ASK SODOM AND GOMORRAH!

    Reply
  5. Jayne says:
    7 months ago

    Finally we have this information easily accessible and thank you.
    The Liberals governing these states are so full of themselves they refuse to read the actual LAW. I am sure that’s why the most dumbed down officials are elected, Sheeples all of them. Oh, how their houses of cards will fall without a leader. Donald Trump is a God send and a true warrior for our country. Thank you.
    J.A. Krall

    Reply
  6. Deb wimmer says:
    7 months ago

    These are criminals on our streets and they are taking the law into there own hands. They are vigilantes and must be stopped by any means the government has to step in Trump is doing the right thing and it’s about time we need to take our streets our life back these are punk ass people that need to get their asses back to work back home an act like human beings not like animals and stop killing innocent people like a two-year-old child impeding old people up.

    Reply
  7. Jewels says:
    7 months ago

    Maybe someone should know the law, before they run to “UPHOLD” ??????? hahaha the law. Boy in my humble opinion ya’ll really made a mistake when you voted for someone to represent you who doesn’t know the law, and evidently decided to be your dictator, so I say good luck to the people of Chicago, I guess you are plagued with law breakers and an egotistical Mayor, I don’t know, can you fire her? Is there something in the water in Chicago?

    Reply
  8. Bob jones says:
    7 months ago

    I’m a right-leaning libertarian. Let’s get that out of the way before you try to “you left-wingers” me.

    You quote from the U.S. Code as if that’s the US Constitution. It is not.

    18 US Code 3056 was enacted in 1984.

    40 U.S.C. 1315 was enacted in 2012.

    A far cry from the Constitution.

    Know what’s in the Constitution? That no law may overrule the Constitution without an amendment. Thereby, if the US Code goes against the Constitution, it is to be ignored.

    The Bill of Rights is in the Constitution. It supercedes ALL other laws. Bar none. Period.

    Amendment I: Congress shall make no law respecting… …the right of the people peaceably to assemble, and to petition the government for a redress of grievances

    Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    Amendment V: No person shall be deprived of life, liberty, or property, without due process of law.

    Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

    Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

    Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    What is happening in Portland goes directly against Constitutional rights. Period. As a Constitutionalist who’s very anti-left, I am appalled by the response that violating the Constitution is fine as long as the people who’re being violated are measured by your standard to be worse.

    What’s happening in Portland is despicable. The government is circumventing the fact that the President may not deploy the military on US soil without contending the exclusion of the Insurrection Act by sending federal police beyond the marshals to deal with people who are exercising their God-given rights.

    This isn’t just anti-American (which it is), it’s anti-God.

    Reply

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