Exclusive: Biden DOJ Responds to Marco Rubio Concerns About Supreme Court Same Day After Man Arrested with Intent to Kill Kavanaugh

Sen. Marco Rubio, R-Fla., speaks during a Senate Committee on Commerce, Science, and Trans
Graeme Jennings/Pool via AP

The Biden Justice Department waited nearly one month to respond to Sen. Marco Rubio’s (R-FL) concerns about Supreme Court security. The agency responded on the same day a man was arrested with a weapon with intent to kill Supreme Court Justice Brett Kavanaugh.

Rubio sent a letter to Attorney General Merrick Garland shortly after someone leaked a draft of a Supreme Court decision that would have overturned Roe v. Wade.

The Florida conservative’s letter, dated May 11, raised serious concerns for the safety of the Supreme Court justices after someone leaked a controversial draft opinion.

Specifically, Rubio asked Garland why he has not spoken about the potential threats against the Supreme Court in the wake of the leak, saying, “So why have you remained silent while evidence mounts of a coordinated campaign to intimidate them as they consider Dobbs v. Jackson?

The Florida senator noted that many leftist groups are carrying out a “coordinated campaign of intimidation against the majority of justices on the Supreme Court,” including one group, “Ruth Sent Us,” which has posted the home addresses of justices online.

Given that the Biden White House, particularly then-White House press secretary Jen Psaki, did not condemn the protests, Rubio noted that the protests were increasingly amounting to threats to the safety of the Supreme Court justices.

Rubio demanded to know if the Department of Justice planned to take action, including:

  1. Is the DOJ investigating the doxing of U.S. Supreme Court Justices and how the locations of their homes were obtained?
  2. Will the DOJ commit to identifying and pursuing criminal charges against those who violate 18 U.S.C. § 1507? If not, why?
  3. Will the DOJ publicly condemn the activities outside of the Justices’ homes?

Nearly a month later, on the same day an armed man carrying at least one weapon was arrested with the intent to kill Kavanaugh, Acting Assitant Attorney General Peter Hyun responded to Rubio.

In the letter dated June 8, Hyun told Rubio:

On May 18, the Attorney General covered Supreme Court and Department law enforcement officials to discuss the security of Justices. This meeting follows the Department’s May 11, 2022, announcement that the Attorney General had directed the U.S. Marshal’s Service to help the Justices’ safety by providing additional support to the Marshal to the Supreme Court and Supreme Court Police. The U.S. Marshals Services has been providing around-the-clock security at the homes of Justices among other actions. The Department will continue its efforts to enhance coordination, intelligence sharing, and technical support as it relates to judicial security.

Hours after police averted the threat against Kavanaugh, Biden predicted a “mini revolution” if the Supreme Court decided to overturn Roe v. Wade.

In response to Rubio’s concerns that some protesters were breaking the law by picketing or parading outside the residence of a “judge, juror, witness or court officer,” the Justice Department said they could not comment on the matter, as per longstanding policy and practice of the DOJ.

Sean Moran is a congressional reporter for Breitbart News. Follow him on Twitter @SeanMoran3.


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