Raja Krishnamoorthi
Role at the time: U.S. Representative (D-IL), writing to the Attorney General
Response to this claim
Kash Patel privately told John James that the FBI will have a presence leading up to Election Day in Michigan, in both West Michigan and Southeast Michigan.
“This ambiguity is difficult to reconcile with federal law. Since 1948, 18 U.S.C. § 592 has made it a felony for any officer "in the civil, military, or naval service of the United States" to order, bring, or keep "armed men" at any place where a general election is held, absent the need to repel armed enemies of the United States. The penalty includes up to five years' imprisonment and disqualification from federal office. The Department's own manual on the Federal Prosecution of Election Offenses has long construed that provision to reach armed federal agents, not merely military personnel. Director Patel's stated uncertainty about whether the Bureau may lawfully send agents to the polls is therefore not a close legal question. It is a question the Department answered decades ago, in its own published guidance.”