Possible Legal Issues Including Violation of Political Neutrality
The White House under the second Trump administration sent its social media team to a scene in Washington DC where FBI agents were executing an arrest warrant. The team produced a video promoting President Donald Trump's record on public safety, which has sparked controversy over its appropriateness.
On August 19, Yonhap News, citing major foreign media outlets, reported that there were criticisms that this move "violates the long-standing Justice Department norm of shielding criminal investigations from political influence." It was pointed out that this could raise constitutional issues regarding suspects' rights to privacy and could hinder prosecutors in carrying out their duties.
Agents from the FBI, the Secret Service, the Department of Homeland Security Investigations, and the Washington Metropolitan Police Department (MPD) are arresting a man in the Shaw area of Washington DC. Photo by AFP Yonhap News
On the 11th of this month, President Trump transferred command of the Washington DC Police Department to the federal government and deployed the National Guard to assist with street patrols. Starting at midnight on the 8th, agents from 12 agencies-including the FBI, Immigration and Customs Enforcement (ICE), and the DEA-were deployed to Washington. In addition, 800 National Guard members were mobilized to guard and patrol various monuments in Washington. Military Humvee vehicles were stationed in front of downtown train stations. At the time, the White House was heavily involved in the FBI's operations.
These actions by President Trump were criticized as being similar to authoritarianism and an abuse of power. Critics also pointed out that the White House filmed and used for promotional purposes the arrest of a Justice Department official who threw a sandwich at a Customs and Border Protection (CBP) agent patrolling the streets.
A man named Charles Shaun Dunn, 37, threw a sandwich at a patrolling federal CBP agent in northwest Washington DC on August 10. According to the federal indictment, Dunn had approached patrolling agents and Metropolitan Transit Police officers, pointed his finger, shouted profanities, and then threw the sandwich. On August 13, federal prosecutors in Washington DC charged him with "assault on a US official or employee," which is a felony rather than a misdemeanor. If convicted, he could face a significant prison sentence.
The White House filmed and edited footage of Dunn's arrest, and posted the video on social media platform X on August 14, the same day the Justice Department issued a press release. The video was edited to heighten the sense of urgency, showing armed agents entering Dunn's apartment at midnight, handcuffing him, and escorting him out. It is reported that about 20 armed personnel were involved in the operation.
Possible Violation of the Fourth Amendment?
On the 17th (local time), a man was holding a placard in front of Union Station in Washington DC, USA. This came after President Donald Trump ordered the deployment of the National Guard and the expansion of federal law enforcement personnel to support crime prevention. Reuters. Yonhap News Agency
Experts believe that filming arrests in this manner could violate the Fourth Amendment of the US Constitution, which prohibits unreasonable searches and seizures of persons, houses, papers, and effects, and forms the basis for privacy protection.
Previously, in 1999, the US Supreme Court ruled that it was a violation of constitutionally guaranteed rights for police to invite media reporters to witness the arrest of a suspect inside their home for the purpose of promoting law enforcement achievements.
Foreign media outlets inquired whether White House staff were involved in producing the video, and how many times the White House had sent film crews to arrest scenes in this manner, but received no response from the White House. An FBI spokesperson also declined to comment.
Bradley Moss, a criminal defense attorney, commented on the White House's role in the video, saying, "They are political media influencers. Their only purpose in being present (at Dunn's arrest) was to document the situation in a way that best served a political agenda, and it had nothing to do with law and order."
Meanwhile, unlike the 50 US states, Washington DC is a self-governing district without a state government or governor, so the president can control public safety without a special approval process. However, to maintain federal control beyond 30 days, approval from both houses of Congress is required.
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