Justice Department challenges Maryland rules governing masks and officer identification.
The United States Department of Justice (DOJ) filed a lawsuit against Maryland and two of its largest counties today, challenging state and local rules that place limits on federal law enforcement officers. The case involves laws in Maryland, Prince George’s County and Montgomery County that restrict federal officers from wearing masks and require them to provide identification in specific ways. The DOJ says the rules interfere with the federal government’s work and are not allowed under the U.S. Constitution. The complaint names Maryland Attorney General Anthony G. Brown, the Maryland Police Training and Standards Commission, Prince George’s County and Montgomery County as defendants.
According to the agency, the Maryland laws could force federal officers to reveal their identities while carrying out federal duties. The department says that creates safety concerns for these officers and their families. It also says federal officers have already faced harassment, the release of personal information online, and violence as a result.
The DOJ lawsuit is based in part on the Supremacy Clause of the Constitution. This part of the Constitution sets federal law above state law when the two conflict. Justice Department officials say states and local governments cannot control how federal officers carry out their federal duties, including what equipment they wear while working. Associate Attorney General Stanley E. Woodward Jr. said the laws place federal officers and their families at risk and could interfere with federal law enforcement work. Assistant Attorney General Brett A. Shumate echoed this point, saying the government has the authority to decide what equipment its officers may wear while performing official duties.
Maryland is the eighth state where a lawsuit has been filed over mask bans and identification requirements for federal agents. The department said similar cases have previously been brought in New York, Virginia, Connecticut, New Jersey and California, as well as in Philadelphia and Milwaukee. According to the agency, officials have received preliminary court relief in each case where a court has ruled thus far. Maryland’s case will now move through the federal court system, where the claims made by the Justice Department will be considered.
The DOJ lawsuit centers on a basic question about the balance between federal authority and state and local power. Maryland and the two counties have adopted rules that set requirements for federal officers operating within their borders. The Justice Department argues that those rules cross a constitutional line because they directly affect federal law enforcement operations. The department also stated the identification rules could affect sensitive investigations and expose officers and their families to unwanted attention. The complaint connects those concerns to what it describes as a rise in harassment, the posting of personal information and threats against federal officers.
For now, the dispute remains before the courts, where the DOJ is asking the federal judiciary to block enforcement of the Maryland laws it has challenged. The final outcome will depend on the court’s review of the Constitution, federal law and the specific state and local rules involved.
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