The Story Behind Bill Barr’s Unmarked Federal Agents

Source: Politico | June 5, 2020 | Garrett M. Graff

The motley assortment of police currently occupying Washington, D.C., is a window into the vast, complicated, obscure world of federal law enforcement.

Few sights from the nation’s protests in recent days have seemed more dystopian than the appearance of rows of heavily armed riot police around Washington in drab military-style uniforms with no insignia, identifying emblems or name badges. Many of the apparently federal agents have refused to identify which agency they work for. “Tell us who you are, identify yourselves!” protesters demanded, as they stared down the helmeted, sunglass-wearing mostly white men outside the White House. Eagle-eyed protesters have identified some of them as belonging to Bureau of Prisons’ riot police units from Texas, but others remain a mystery.

The images of such heavily armed, military-style men in America’s capital are disconcerting, in part, because absent identifying signs of actual authority the rows of federal officers appear all-but indistinguishable from the open-carrying, white militia members cosplaying as survivalists who have gathered in other recent protests against pandemic stay-at-home orders. Some protesters have compared the anonymous armed officers to Russia’s “Little Green Men,” the soldiers-dressed-up-as-civilians who invaded and occupied western Ukraine. House Speaker Nancy Pelosi sent a letter to President Donald Trump Thursday demanding that federal officers identify themselves and their agency.

To understand the police forces ringing Trump and the White House it helps to understand the dense and not-entirely-sensical thicket of agencies that make up the nation’s civilian federal law enforcement. With little public attention, notice and amid historically lax oversight, those ranks have surged since 9/11—growing by roughly 2,500 officers annually every year since 2000. To put it another way: Every year since the 2001 terrorist attacks, the federal government has added to its policing ranks a force larger than the entire Bureau of Alcohol, Tobacco, Firearms and Explosives.

Nearly all of these agencies are headquartered in and around the capital, making it easy for Attorney General William Barr to enlist them as part of his vast effort to “flood the zone” in D.C. this week with what amounts to a federal army of occupation, overseen from the FBI Washington area command post in Chinatown. Battalions of agents were mustered in the lobby of Customs and Border Protection’s D.C. headquarters—what in normal times is the path to a food court for federal workers. The Drug Enforcement Administration has been given special powers to enable it to surveil protesters. It is the heaviest show of force in the nation’s capital since the protests and riots of the Vietnam War.

As large as the public show of force on D.C.’s streets has turned out to be—Bloomberg reported Thursday that the force includes nearly 3,000 law enforcement—it still represents only a tiny sliver of the government’s armed agents and officers. The government counts up its law enforcement personnel only every eight years, and all told, at last count in 2016, the federal government employed over 132,000 civilian law enforcement officers—only about half of which come from the major “brand name” agencies like the FBI, ATF, Secret Service, DEA and CBP. The Federal Law Enforcement Training Center, which serves as the general academy for federal agencies who don’t have their own specialized training facilities, lists around 80 different agencies whose trainees pass through its doors in Georgia, from the IRS’ criminal investigators and the Transportation Security Administration’s air marshals to the Offices of the Inspector General for the Federal Deposit Insurance Corp. and the Railroad Retirement Board. Don’t forget the armed federal officers at the Environmental Protection Agency or the National Oceanic and Atmospheric Administration’s Office of Law Enforcement, whose 150 agents investigate conservation crime like the Tunas Convention Act of 1975 (16 USC § 971-971k) and the Northern Pacific Halibut Act of 1982 (16 USC § 773-773k).

In and around D.C., there are more than a score of agency-specific federal police forces, particularly downtown where protests have played out over the past week, nearly every block brings you in contact with a different police force. A morning run around the National Mall and Capitol Hill might see you cross through the jurisdictions of the federal U.S. Capitol Police, the Park Police, the National Gallery of Art police, the Smithsonian Office of Protective Services, the Postal police, Amtrak police, the Bureau of Engraving and Printing police, the Supreme Court police, the Uniformed Division of the Secret Service, the Government Publishing Office police, and the Department of Homeland Security’s Federal Protective Service. (Only recently did the Library of Congress police merge with the Capitol Police across the street into one unit.) Run a bit farther and you might encounter the FBI Police or the U.S. Mint police. And that’s not even counting the multistate Metro Transit police and the local D.C. Metropolitan Police.

The public has little understanding or appreciation for the size of some of these agencies, each of which has its own protocols, training, hiring guidelines and responsibilities. On the lighter side, few tourists know, for instance, that the National Gallery of Art—home to some of the world’s most famous artwork—has a shooting range for its police tucked away above its soaring central rotunda. On the darker side, the roughly 20,000 federal prison guards known formally as the Bureau of Prisons—whose riot units make up a sizable chunk of the officers imported to D.C. and who represent the single largest component of federal officers in the Justice Department—are concerning to see on the streets in part because they’re largely untrained in civilian law enforcement; they normally operate in a controlled environment behind bars with sharply limited civil liberties and use-of-force policies that would never fly in a civilian environment.

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Under the Trump administration, Cabinet officials have come under scrutiny for using the government’s law enforcement agents as a sort of Praetorian Guard: EPA Administrator Scott Pruitt resigned amid scandals that included his unprecedented 20-agent round-the-clock security detail, who picked up his dry cleaning and moisturizing lotion; Education Secretary Betsy Devos is protected by a detail of U.S. marshals at a cost of roughly $500,000 a month, and Secretary of State Mike Pompeo is under investigation after a whistleblower complained he was using his Diplomatic Security Service agents to pick up Chinese food or look after his dog. Even obscure Cabinet secretaries who could pass all-but unnoticed on any street in the country now warrant security: Want to be the special-agent-in-charge of guarding the Agriculture secretary? The Executive Protective Operations Division of the USDA’s Office of Safety, Security and Protection is hiring right now!

Concerningly, under the Trump administration, many of these agencies have been rudderless—overseen by rotating series of acting officials. More than half of all federal civilian law enforcement right now is being led by temporary acting officials, everything from ICE and CBP to DEA. (That calculation doesn’t even count the thousands of special agents in inspectors general offices that have recently seen an administrationwide purge of the government’s watchdogs.) The Bureau of Prisons was being overseen by an acting director last summer when Jeffrey Epstein managed to commit suicide while supposedly under strict monitoring. The DEA, with its special temporary powers for the protests, is currently led by an acting administrator who has been on the job for just days.

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The proliferation of federal officers across government—and the proliferation of watchdogs watching those government agencies—means that you might one day be woken up by a SWAT team-style raid by the Department of Education or the EPA. And the number keeps growing: Congress was surprised when the Special Inspector General for Afghanistan Reconstruction—known as SIGAR—began procuring its own ammunition, flashing lights and body armor for its special agents. Just like its laws, there are too many federal agents for the government to keep track of.

The Covid-19 pandemic has even spawned what will apparently be the nation’s newest federal investigator: The Senate confirmed on Tuesday a special inspector general to oversee the $500 billion pandemic recovery spending. He, presumably, will be recruiting his own agents and equipment soon.

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