Trump should not control US Marshals, our courts' last line of defense

The Hill

19 hours ago

During his first term in office, President Trump pulled no punches in his personal attacks on federal judges with whom he disagreed. For instance, in February 2017, Trump called U.S. District Judge James L. Robart a 'so-called judge' after he temporarily stopped Trump's travel ban.
In his second term, Trump has upped the ante. In his all-caps 2025 Memorial Day message, Trump denounced what he claimed were 'USA-HATING JUDGES WHO SUFFER FROM AN IDEOLOGY THAT IS SICK, AND VERY DANGEROUS FOR OUR COUNTRY.'
Presidents have long expressed their unhappiness with court decisions they disagree with, often in public. But President Trump takes a different approach from other presidents by personally attacking judges. This violates decades of norms of presidential respect for the judicial branch and has important consequences.
Most notably, physical threats against federal judges reached an all-time high during Trump's first term. And things have only gotten worse.
This year alone, the U.S. Marshals Service, the law enforcement agency charged with protecting federal judges, has investigated almost 400 threats to federal judges, with 162 judges facing threats between March 1 and April 14.
Much of the recent intimidation comes in the form of 'pizza doxing,' in which federal judges receive unsolicited pizza deliveries to their homes. The recipient of these deliveries is listed as Daniel Anderl, the late son of U.S. District Judge Esther Salas, who was killed by a gunman who was targeting Salas.
Recognizing this problem, Democratic members of Congress have introduced the Marshals Act, which would move the U.S. Marshals Service from the executive branch to the judicial branch, overseen by a board that includes the chief justice of the United States and the Judicial Conference of the United States, the policymaking body of the federal courts.
Congress should pass this important legislation. By bringing the Marshals Service under the authority of the judicial branch, the nation can better protect the safety of federal judges.
In addition, the act anticipates two very real possibilities, helping the nation avoid a potential constitutional crisis.
First, the Trump administration has violated federal judicial orders relating to federal funding, the freedom of the press and the deportation of immigrants without due process of law. If the administration continues to ignore court decisions, the primary tool at the disposal of judges is to hold Trump administration lawyers in contempt of court. This usually begins with a fine, but can escalate to jail time if the administration continues to refuse to comply with court orders.
Here's the problem: The entity charged with enforcing a criminal contempt of court order by making the arrest is the U.S. Marshals Service.
Since the Marshals are under the control of the executive branch, President Trump could simply order the Marshals not to enforce the court order. This would render the judicial branch powerless over the Trump administration, setting off a constitutional crisis.
By moving oversight of the Marshals from the executive branch to the judicial branch, we can avoid this crisis since federal judges would surely enforce their own orders.
Second, there are concerns that Trump may order the Marshals to stop protecting federal judges. This wouldn't be the first time Trump has removed protective details for federal officials.
For example, in his second term, Trump pulled security details for former Secretary of State Mike Pompeo, former national security advisor John Bolton and President Biden's adult children, Ashley and Hunter Biden. It is hardly a stretch to imagine Trump removing the Marshal's protection of federal judges.
We can avoid this by putting the Marshals Service under the control of the judicial branch, which will no doubt ensure its judges get the protection they need.
As Chief Justice Roberts stated in May, 'Judicial independence is crucial' to the American separation of powers system, which 'doesn't work if the judiciary is not independent.' In the current era, our system of checks and balances is deteriorating, and the judicial branch is arguably its weakest link.
Passing the Marshals Act will strengthen judicial independence by allowing judges to render decisions free from concerns about intimidation or retribution from those who would do them harm.
Paul M. Collins, Jr. is a professor of Legal Studies and Political Science at the University of Massachusetts Amherst and the coauthor of 'The President and the Supreme Court: Going Public on Judicial Decisions from Washington to Trump.'