Amid a surge in threats against federal judges, Senate Democrats will formally introduce legislation Thursday to transfer control of the U.S. Marshals Service to the court system itself.
The legislation, which was obtained by CBS News, specifies that the presidential administration would lose its authority over the Marshals. The law enforcement agency is currently part of the Department of Justice, and among other things, it is tasked with protecting federal judges, courthouses and court workers.
Sen. Cory Booker, a New Jersey Democrat who is leading the effort, said the change would help insulate U.S. Marshals from possible interference and politicization by the Trump administration.
Democrats have accused President Trump of endangering the judiciary by publicly denouncing judges and their rulings on social media. The president’s critics have also accused the administration of attempting to defy court orders and undermine the courts.
Booker said, “Since 1789, the U.S. Marshals have valiantly protected our nation’s judges and enforced court orders. But their dual accountability to the executive branch and the judicial branch paves the way toward a constitutional crisis.”
“To ensure these necessary functions are carried out, Congress must act to move the bureau into the judicial branch. Our U.S. Marshals are critical to protecting the rule of law, and they must be able to do their jobs without political interference,” Booker said.
Under the legislation, which is expected to be unveiled Thursday morning, the federal government would launch a U.S. Marshals Board, which would include the chief justice of the Supreme Court and other members of the Judicial Conference, a committee made up of judges.
The proposal would authorize the chief justice to consult with the board and select a U.S. Marshals Service director and U.S Marshals for each of the country’s dozens of judicial districts.
The White House has denied accusations that the president has defied court orders. In a press briefing in March, White House press secretary Karoline Leavitt said, “We will continue to comply with these court orders.”
Mr. Trump has publicly lashed out at judges who have ruled against him, calling for the impeachment of U.S. District Judge James Boasberg — who is overseeing a controversial immigration case — along with other judges the president claims are “crooked.” Leavitt said in March, “It’s incumbent on the Supreme Court to reign in these activist judges.
“We’ve seen threats against judges escalate as the president has threatened impeachment of those who rule against him,” said Sen. Adam Schiff, a California Democrat.
Schiff also noted the Trump administration has stripped some former federal officials of their government security details, including Mr. Trump’s former Secretary of State Mike Pompeo and Defense Secretary Mark Esper.
“The U.S. Marshals are central to preserving our democracy and upholding the rule of law. Marshals must be able to protect all judges, enforce all court orders and have the independence necessary to do their jobs,” said Schiff.
U.S. Marshals deal with surge in threats against judges
U.S. Marshals provide direct protection for federal judges and investigate threats against the judiciary. Marshals responded when a California man was charged in 2022 with an assassination attempt against Supreme Court Justice Brett Kavanaugh.
Agency reports show threat investigations by the U.S. Marshals Service, which provides security to federal judges and prosecutors, nearly tripled from 2019 to 2023.
Federal judges in Washington, D.C., described a wave of threats against them during the prosecutions of approximately 1,600 cases from the Jan. 6, 2021, U.S. Capitol siege.
A Texas woman was charged with making racist death threats against U.S. District Judge Tanya Chutkan in the days after Chutkan was assigned Mr. Trump’s federal criminal case in Washington, D.C., tied to efforts to overturn the 2020 election results.
Marshals have also investigated a recent wave of doxxing incidents that targeted federal judges at their homes. In about two dozen cases nationwide, judges have gotten unsolicited pizza deliveries with the recipient listed as Daniel Anderl, the late son of U.S. District Judge Esther Salas, the New Jersey judge told CBS News. Anderl was killed at the family’s New Jersey home in 2020 by a disgruntled gunman who was targeting Salas.
Congressional Democrats who support the legislation to shift control of the U.S. Marshals Service include the top Democrat on the House Judiciary Committee, Rep. Jamie Raskin of Maryland. The legislation could face long odds in a GOP-controlled Congress, though.
