Today, the Department of Justice filed a lawsuit against the State of Maryland, Maryland Attorney General Anthony G. Brown, the Maryland Police Training and Standards Commission, Prince George’s County, and Montgomery County, challenging their unconstitutional attempt to regulate federal law enforcement officers by prohibiting federal officers from wearing masks and requiring they provide identification in the manner prescribed by Md. Code Ann., Pub. Safety §§ 3-207, 3-535, 3-536, Prince George’s Co., Md Code § 18-124, and Montgomery Co., Md. Code § 35-13E.
Not only are these laws illegal attempts to regulate the federal government, but, as alleged in the complaint, the laws threaten the safety of federal officers who have faced an unprecedent wave of harassment, doxing, and even violence. Threatening officers with prosecution for simply protecting their identities and their families also chills the enforcement of federal law and compromises sensitive law enforcement operations.
“Under the U.S. Constitution, the Supremacy Clause provides that states and localities do not have the authority to regulate the Federal Government,” said Associate Attorney General Stanley E. Woodward Jr. “And they certainly cannot enact laws that place the safety of federal law enforcement at risk and undermine federal operations. We will never tolerate the doxxing or harassment of federal officers, or any law like those in Maryland that enables violent behavior against federal law enforcement officers and their families.”
“These Maryland state and local laws are a direct regulation of federal law enforcement operations and threaten severe consequences for officers and public safety alike,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Federal Government, not state and local governments, gets to decide which equipment federal officers may or may not wear when performing their official duties.”
Attorney General Blanche has instructed the Department’s Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal laws or impede lawful federal operations. Today’s lawsuit is the latest in a series of lawsuits brought by the Civil Division targeting illegal policies designed to thwart federal law enforcement across the country, including in New York, Virginia, Connecticut, New Jersey, California, Philadelphia, and Milwaukee. The United States has secured preliminary relief from each court to have ruled on mask ban / ID requirements so far.
Note: The complaint can be viewed here .