Capitol Police vs Maryland and Virginia Police vs National Guard. Which is which?

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The breaching of the Capitol building on January 6th led many to wonder what law enforcement forces were responsible for securing our capital. Here are some answers about what agencies were involved: 

Who are the Capitol Police? 

  • The United States Capitol Police is a nationally-accredited, federal law enforcement agency. 
  • The USCP safeguards the Congress, its legislative process, members of Congress, employees, visitors, and facilities from crime, disruption and terrorism. 
  • The police force’s purpose is to protect and secure Congress so it can fulfill its constitutional and legislative responsibilities in a safe, secure and open environment. 

 

What are their powers?

  • The USCP is overseen by the Capitol Police Board and has Congressional oversight by appropriations and authorizing committees from the U.S. House of Representatives and U.S. Senate.
  • According to the Code of Virginia, the Capitol Police may exercise their power within the limits of Capitol Square, when assigned to any other property owned, leased, or controlled by the Commonwealth or when given the agency to act outside of territorial limits. 
  •  The jurisdiction of the Capitol Police shall further extend 300 feet beyond the boundary of any property they are required to protect, such jurisdiction to be concurrent with that of other law-enforcement officers of the locality in which such property is located. 

 

Who are the Maryland and Virginia Police? 

  • The Maryland State Police describes itself as a paramilitary organization with the purpose to serve the people of Maryland through proposed policing that protects their citizens, prevents criminal acts and traffic crashes, and strives to provide the highest quality of law enforcement.
  • The Virginia State Police describes itself as independent yet supportive of other law enforcement and criminal justice agencies, provides high quality, statewide law enforcement services to the people of Virginia; and actively protects the citizens of the Commonwealth and its infrastructure.

 

What are their powers?

  • Unlike the Capitol Police, both the Virginia and Maryland police have the rightful authority to establish and maintain a regular police force and to confer police powers to be exercised with respect to offenses. They may issue summons to appear, or arrest on view or on information without warrant as permitted by law, and conduct before any judicial officer of competent jurisdiction any person violating, upon Authority Facilities, any rule or regulation of the Authority, any ordinance or regulation of any local political subdivision, or any other law of the Commonwealth.

 

Who is the National Guard? 

  • The National Guard is a unique element of the U.S. military that serves both the community and the country. The Guard responds to domestic emergencies, overseas combat missions, counterdrug efforts, reconstruction missions, and more. 
  • Unlike the other branches of the U.S. Army, the National Guard is state-based with each state government having its own National Guard.  Typically, any state governor or the President of the United States can call on the Guard at a moment’s notice. 
  • Hence, the National Guard can be deployed by the governors of their resident states to support communities stricken by natural disasters like floods and hurricanes and can be also deployed by the president to defend our country or support our allies overseas. 
  • However, D.C. is the exception. Rather than being controlled by the mayor, the president controls the National Guard. 

 

What are their powers? 

  • While the Constitution doesn’t refer to the National Guard by name, it does say that states have the power to call forth “the militia” to repel invasions, execute the laws, and suppress revolutions. The Constitution gives Congress the power to fund the militia and gives it authority over the Guard members serving the federal government. Later laws have given the president control of the Guard. 

 

How are these institutions working together? 

After the U.S. Capitol Police were overwhelmed by protesters on Jan. 6, other law enforcement agencies including Maryland and Virginia state police rushed to help. Virginia Governor Ralph Northam said the Commonwealth is sending 200 Virginia State Troopers to the District, along with the Virginia National Guard. Maryland Governor Larry Hogan will also send reinforcements to the nation’s capital. According to the Washington Post, the Department of Homeland Security has deployed the Federal Protective Service and Secret Service to assist Capitol Police at the latter’s request, said DHS spokesman Alexei Woltornist. DHS has set up a virtual situation room with federal law enforcement. CNN additionally reports that the D.C. Metropolitan Police Department sent more resources to assist the Capitol Police, including CDU platoons or Civil Disturbance Units.  

Earlier, the Pentagon stated that about 1,100 D.C. National Guard members were mobilized to help support law enforcement as violent supporters of President Donald Trump breached the U.S. Capitol.  The Guard forces are being used at checkpoints and for other similar duties and could also help in the enforcement of the 6 p.m. curfew being implemented tonight in the city. 

Last updated on Jan. 6, 2021 at 8:30 p.m. EST.