Norton Warns of Limits of U.S. Capitol Police Search Powers on Capitol Grounds

WASHINGTON, D.C.—In response to a newly approved U.S. Capitol Police (USCP) regulation that expands USCP's search powers on Capitol Grounds, Congresswoman Eleanor Holmes Norton (D-DC) today issued a statement on USCP's "obligation to keep the Capitol Grounds secure and its corollary obligation to maintain the Capitol Grounds as an open space, a First Amendment space, and one of the great parks in the nation's capital." Norton said she could understand USCP's concern after an individual recently committed suicide with a gunshot on the Capitol's Lower West Terrace, particularly considering that the gun could have been used to harm innocent bystanders. Norton, who was a constitutional lawyer before being elected to Congress, said that she did not believe that a carefully circumscribed and implemented regulation would be unconstitutional if it were carefully developed, not overly-broad, and used to keep prohibited items from coming close to Capitol buildings. She said much would depend on the space USCP selects to implement the regulation and whether it is unduly intrusive. Senate Sergeant-at-Arms Frank J. Larkin has stated USCP would only implement the regulations in the event of "high-confidence intelligence" of a threat to the Capitol Grounds. She believes that USCP implementation is controlled and limited by the text of the regulation that requires "the direction of the Chief of [U.S. Capitol] Police." Without such safeguards, Norton said, average citizens visiting their Members of the House and Senate or members of the public could expect to be searched for no reason at all. Norton said that particularly today, when police departments across the United States have been accused of profiling on the basis of race and ethnicity, avoiding the misuse of public safety policies is important, especially in the District of Columbia, which has a large population of people of color.

"The difference between the Capitol Grounds and the interior of the Capitol itself must always be respected," Norton said. "The Capitol Grounds are an immense space surrounding the democratically-elected national legislature, much of it far from the interior of the Capitol itself. The Capitol Grounds must never be seen as a fortress impenetrable by the people we represent. Anything approaching outdoor checkpoints to walk into the Capitol Grounds, frequent random checks without probable cause, or other attempts to lock down the Capitol Grounds by roaming police could invite litigation or complaints by District residents or by constituents to their Members."