Should Congress vote to prohibit private paramilitary activity?
H.R. 6981 would prohibit public patrols, interfering with government proceedings, intimidating other individuals from exercising constitutional rights, assuming the functions of law enforcement, and asserting authority over another person without their consent, with explicit focus on the actions of paramilitary groups. Individuals indicted under this Act could be fined, imprisoned for up to one year, or both, with certain exceptions carrying more or less severe sentences. Proponents of this bill cite organizations like True the Vote, Oath Keepers, and the Proud Boys, which have attempted to intimidate voters at absentee drop sites. Sponsor: Rep. Jamie Raskin (Democrat, Maryland, District 8)
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How do you feel?
Opponents say
• "We are in perilous times. You'd have to have your head in the sand so deep that only your toes are showing not to realize we have serious problems. We have teams that can be called on to support the sheriff's departments or police if they get overextended. You have no idea how many people have come across the southern border that don't love us and want to do something nasty. We will do everything we can to help law enforcement keep the people of Maine safe." Source: David Waterhouse (Leader, Maine State Militia)
• "There’s no way guys like that are going to mandate the everyday life and behaviors of who I associate with. What we decide to do. What we decide to discuss. If we decide to go to the range and train.Those same guys would be lost on a tactical training range. They’d go hide in their car. They don’t qualify to hang out with me. And I don’t expect them to understand the kinds of skills that men like me honed over the course of my life. They are only required to be quiet and stay out of our way if the s—- hits the fan anywhere in any way so that we can protect them." Source: Rep. Clay Higgins (Republican, Louisiana, District 3)
• "I’m thinking of rural areas. It may be a very long time until police can get there to the scene. And [an] insurrection that happens, people start storming a building and good Samaritans, Madam Chair, Representative, who may or may not be armed are protecting that building and the public employees within it…I think that this could potentially charge them when they’re just trying to do a civic duty as an American to protect their fellow Americans." Source: State Rep. John Block (Republican, New Mexico House of Representatives, District 51)
Proponents say
• "Three years ago, white supremacists affiliated with paramilitary organizations stormed the U.S. Capitol, shattering windows, walls, and the families of five U.S. Capitol police officers,” said Senator Markey. “Private paramilitary actors, such as the Proud Boys and Oath Keepers, pose a serious threat to democracy and the rule of law, and we must create new prohibitions on their unauthorized activities that interfere with the exercise of people’s constitutional rights. The forces of bigotry, hatred, and violent extremism must be stopped for the sake of our democracy. " Source: Sen. Ed Markey (Democrat, Massachusetts)
• "Patrolling neighborhoods, impeding law enforcement and storming the U.S. Capitol, private paramilitary groups like the Oath Keepers, the Three Percenters and the Proud Boys are using political violence to intimidate our people and threaten democratic government and the rule of law,” said Congressman Raskin. “Our legislation makes the obvious but essential clarification that these domestic extremists’ paramilitary operations are in no way protected by our Constitution. I’m grateful to Senator Markey for his partnership on this critical effort to protect the rule of law, deter insurrection and defend our democracy." Source: Rep. Jamie Raskin (Democrat, Maryland, District 8)
• "Since Charlottesville’s Unite the Right rally in 2017, we’ve increasingly seen heavily armed private paramilitary organizations seek to intimidate Americans from exercising constitutional rights and to interfere with government operations. Whether unlawfully usurping the authority of law enforcement officials or deploying paramilitary tactics to attack statehouses or the U S. Capitol, private paramilitary actors are a threat to our democracy. The evolution and spread of the paramilitary threat across our nation, where local governments and vulnerable communities have been forced to contend with armed vigilantes falsely claiming that their activities are protected by the First and Second Amendments, requires a federal response. If enacted, the PPPA will provide tools necessary to deter and prevent paramilitary efforts to undercut our democratic processes and the free exercise of constitutional rights." Source: Mary McCord (Executive Director, Institute for Constitutional Advocacy and Protection at the Georgetown University Law Center)