ANDREW McCARTHY: Biden-Harris Justice Department tangles with red states on Election Day

ANDREW McCARTHY: Biden-Harris Justice Department tangles with red states on Election Day

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We needn’t catalog the instances of politicization of law enforcement by the Biden-Harris Justice Department – the list is long and notorious. Nevertheless, if Congress has given the federal government jurisdiction to enforce a statutory crime, and if there is no constitutional infirmity in the statute, then no state may prevent the Justice Department from enforcing it in the state’s territory. Period.

Reportedly, Texas and Missouri have objected to the Justice Department’s dispatching of monitors to various election precincts in those states. Fox News’ David Spunt reports that the Texas dispute appears to have been resolved by agreement of the parties, while a Missouri federal judge (an appointee of former President Trump) has denied the state’s application for a restraining order against DOJ.

To my mind, it is reprehensible for DOJ to deploy monitors unless there are plausible grounds for a federal investigation. Again, this is a highly politicized Justice Department. It is not beneath Attorney General Merrick Garland and his radical leftist Civil Rights Division chief, Kirsten Clarke, to saber-rattle in red states in order to suggest that Republican-controlled state governments are violating the civil rights of minority voters, rather than to investigate based on actual evidence yielding a reasonable suspicion of illegality.

But that said, the states have no power to tell the federal government what it may investigate, and the states are barred by the Constitution’s supremacy clause from obstructing federal........

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