Blaming Democrats for rhetoric on SCOTUS, Jordan orders DOJ briefing on security enhancements

WASHINGTON (CN) — Ohio Representative Jim Jordan on Tuesday accused Democrats of using incendiary rhetoric toward the Supreme Court and asked for a briefing from the Department of Justice on efforts to ensure the justices’ safety.

In a letter addressed to Attorney General Merrick Garland, the chairman of the House Judiciary Committee said a staff-level briefing on bolstering the justices’ security needed to happen by Aug. 6. Jordan claimed Democrats’ criticism of the court necessitated additional security checks after the attempted assassination of former President Donald Trump.

“In recent years, left-wing groups and partisan activists have been unrelenting in their attacks on the court and its independence,” Jordan wrote.

Jordan said these attacks included protests outside the justices’ homes after a draft opinion overturning Roe v. Wade was leaked. The groups specifically targeted the six Republican appointees, Jordan claimed, noting one group that posted the justices’ addresses online. Jordan said this was an attempt to influence the court’s ruling.

While the majority of protests at the justices’ homes were peaceful, an armed man was arrested outside of Justice Brett Kavanaugh’s residence after threatening to kill the Trump appointee. A week later, lawmakers passed a bill providing extra security for the justices’ families.

Jordan put Democrats’ calls for court reform into the same bucket, suggesting that lawmakers wanted to undermine and delegitimize the court. Jordan specifically cited Rhode Island Senator Sheldon Whitehouse and Oregon Senator Ron Wyden’s call for a special counsel to investigate Justice Clarence Thomas’ financial disclosure omissions.

Jordan avoided putting lawmakers’ names on actions he deemed inflammatory but included footnotes to each event as identifying markers. Jordan noted that “a far-left Democrat” introduced impeachment articles against Justices Thomas and Samuel Alito, referencing New York Representative Alexandria Ocasio-Cortez.

“​​All of these tactics are meant to intimidate conservative justices for their official actions,” Jordan wrote.

A Senate Judiciary Committee spokesperson said Jordan’s claims are contradicted by reality. Senator Dick Durbin — who was among those mentioned in the letter — and other Democrats, the spokesperson said, led the charge in funding protections for judges. In 2022 when Democrats controlled both chambers, lawmakers approved $750 million for judicial security. The spokesperson noted that a Republican blocked the Daniel Anderl Judicial Security and Privacy Act for almost a year.

“Representative Jordan’s and MAGA Republicans’ portrayal of popular Supreme Court ethics reform as ‘incendiary rhetoric’ is completely misguided and misleading,” the spokesperson said in an email. “This effort is long-standing. It’s spanned multiple administrations. It’s demanded by the American people. Ultimately, it applies to every Supreme Court justice regardless of the party of the president who appointed them.”

Citizens for Responsibility and Ethics in Washington has been at the forefront of calls for ethics reform for the court. The group said by mischaracterizing these efforts Jordan is making it more difficult to protect the justices.

“Political violence of any kind is unacceptable in our democracy, but Congressman Jordan’s misguided attempt to conflate necessary reforms and accountability for ethical abuses in the judiciary with intimidation or violence is not only unserious partisan posturing, but undermines legitimate efforts to ensure the safety of government officials and candidates,” Donald Sherman, chief counsel at CREW, said in a statement.

The U.S. Marshals Service and the Supreme Court police coordinate on the justices’ security details.

In testimony before the House Judiciary Committee last month, Garland said he was the first attorney general in history to order 24/7 protection for the justices and their families.

“I’ve assigned over 70 U.S. marshals who are doing this daily, but because of rotations, it’s involved almost 1,700 marshals across the country to provide immediate protection,” Garland said during a hearing on oversight of the Justice Department.

Garland said the justices’ protection was the department’s highest priority and noted that threats against the justices are investigated by the U.S. Marshals Service and the FBI, reaffirming U.S. Marshals Director Ronald Davis’ testimony during a February hearing.

“We are fully committed that we believe strongly that the protecting of our judiciary is the protection of our democracy, that this independent judiciary must be able to operate without those threats of direct violence,” Davis said during the hearing.

But Jordan criticized the marshals’ protocols. He said lawmakers uncovered training materials discouraging marshals from arresting protesters, noting that protective details should avoid any criminal enforcement unless absolutely necessary.

“In light of the incendiary rhetoric directed toward Supreme Court justices, such a limitation on the authority of U.S. marshals is dangerous and misguided,” Jordan wrote.

The Justice Department said it had received Jordan’s letter but could not provide any details on Garland’s response.

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