A dramatic rise in threats against members of Congress is driving an expansion of the U.S. Capitol Police (UCSP) force, including the opening of satellite offices in three more states over the next year, a joint House-Senate hearing was told on July 26.
The hearing in the Dirksen Senate Office Building marked the first time the entire U.S. Capitol Police Board testified before both the Committee on House Administration and the Senate Committee on Rules and Administration. It was also the first time since 1945 that such a bicameral hearing of the committees was convened at the Capitol.
Capitol Police Chief J. Thomas Manger, a nonvoting member of the Capitol Police Board, said funding from Congress has allowed USCP to respond to growing threats, but the need continues to grow.
“We are again on pace this year to receive approximately 8,000 threat-assessment cases,” Mr. Manger said. “Threat-assessment agents carry an average annual caseload of nearly 500 cases. This pace cannot be maintained. We must have the ability to continue our hiring efforts in this critical area.”
“We obtained funding for our Dignitary Protection Division to travel and protect members of Congress here and around the country,” Mr. Manger said. “With a 300-percent increase in threat cases against members of Congress, we have updated department technology to enhance investigative capabilities.”
Attrition after the events of Jan. 6, 2021, set the department back on staffing the protection division, he said.
“Prior to January 6, DPD was staffed with 218 agents,” Mr. Manger said. “Currently DPD has 174 fully trained agents. This staffing level is unsustainable, for DPD agents are averaging nearly 50 hours of overtime per pay period.”
Sen. Ted Cruz (R-Texas) is working on the Member Protection Act with Sen. Amy Klobuchar (D-Minn.) that he said “would help enhance resources available to keep members and our families safe.”
“I'll tell you one concern that I have, and it’s a growing concern, which is the rise of threats that are directed against lawmakers and lawmakers of both parties,” Mr. Cruz said. “We have seen an explosion of threats of violence against members of both parties.”
Mr. Cruz said Capitol Police investigated 7,500 threats in 2022, nearly double the number tallied in 2017. He cited one example: the mass shooting in June 2017 that targeted Republican officials at a congressional baseball practice in Alexandria, Virginia. Six people were shot, including Rep. Steve Scalise (R-Louisiana).
The shooting would have likely been much worse, Mr. Cruz said, if Mr. Scalise did not have a Capitol Police protective detail assigned to him that morning. Capitol Police Special Agent Crystal Griner was shot in the ankle and Special Agent David Bailey was wounded by shrapnel. They prevented the gunman from getting access to more lawmakers in the dugout.
“I’m very concerned with this rising level of threats and I fear we’re going to wake up one day, and somebody is going to be killed,” Mr. Cruz said. “On either side of the aisle, the number of lunatics who are seeking to do harm is growing.”
Mr. Manger said the effort will involve intelligence, hiring more officers, and coordinating with other law enforcement agencies.
“In my budget, I’ve requested additional investigative agents because of the caseload—500 cases per year per investigator—which is just unmanageable, and we need to do better than that,” Mr. Manger said. “We also are working with state and local police departments all around the country to assist us in ensuring protection for members at events when they’re in their home district.”
Mr. Manger said plans call for opening USCP offices in Boston, Milwaukee, and Texas. The department already has local offices in Florida and California.
“Right now our hope is to open up three additional field offices over the next year or so,” Mr. Manger said.
Discussions about beefed-up security for Congress come during a rebuilding phase for Capitol Police, which suffered serious officer attrition in the wake of Jan. 6. Much of the funding increase sought in the USCP 2024 budget will go for hiring.
“The department, with the support of Congress, has been successful in getting ahead of attrition, bringing on 549 officers since March of 2020,” Mr. Manger said. “The current number of sworn employees in the department is 2,010, which includes recruits at the USCP Academy, and FLETC [Federal Law Enforcement Training Center].”
Pension Deal Sore Spot
Several House members questioned Mr. Manger and the chairwoman of the Capitol Police Board about a separation agreement that allowed former Acting Chief Yogananda Pittman to take leave without pay in order to qualify for a federal pension after she quit her post in February 2023. Ms. Pittman is now chief of police at the University of California-Berkeley.Rep. Morgan Griffith (R-Virginia) asked Mr. Manger about advice he received on the Pittman deal from USCP General Counsel Thomas DiBiase.
“Are you aware that the United States Capitol Police’s General Counsel, Dibiase, in a transcribed interview has attempted to invoke attorney-client privilege? Yes or no?” Mr. Griffith asked.
“Yes,” Mr. Manger replied.
“If you are in fact, the client, would you waive the attorney-client privilege between you and lawyer DiBiase? Yes or no?” Mr. Griffith pressed.
“I trust his judgment on the attorney-client, the use of the attorney-client privilege,” Mr. Manger said.
“It’s your privilege,” Mr. Griffith said. “The lawyer doesn’t have that privilege, you do. If it is in fact your privilege, would you be willing to waive it?”
“I would take my attorney’s advice,” Mr. Manger said.
Mr. Griffith asked if the agreement with Ms. Pittman would set a precedent.
“So my concern is that policy was changed. And that may or may not have been appropriate,” Mr. Griffith said. “That’s another issue, which Chief Manger got legal counsel on. He’s a good guy, I’m not fussing at him. My concern is, if we’ve done it for one, are we going to do it for others? Has such an agreement been approved for any rank-and-file officers?”
Karen Gibson, Senate sergeant at arms and chairwoman of the Capitol Police Board, said the board was not involved in negotiating or approving the pension deal with Ms. Pittman but should have been told about it by Chief Manger.
“It was a significant event that we would have appreciated knowing about in advance,” Ms. Gibson said.
Mr. Griffith asked, “In this case, we had an employee who actually had taken another job and left the region and gone to the West Coast. Do you know of any other cases where that’s been done for rank-and-file members of the United States Capitol Police?”
Ms. Gibson replied, “I would say I do not have knowledge of when it’s been done, period, because again, it’s a personnel management decision that the board has not been involved in for any of the officers.”
Rep. Stephanie Bice (R-Okla.) said the Committee on House Administration has thus far been unable to obtain a copy of the non-disclosure agreement signed between Ms. Pittman and U.S. Capitol Police.
“I am concerned about the separation agreement with former acting chief Pittman and how it was handled,” Ms. Bice said. “It appears she was given the ability to go on leave without pay status with Capitol Police to attain the necessary 20 years of service required for federal retirement benefits, while simultaneously beginning a new, lucrative job with UC-Berkeley.”
Ms. Bice asked Mr. Manger to provide a copy of the non-disclosure agreement—not just a summary—to the Committee on House Administration.
“The summary has absolutely everything that’s included in the agreement,” Mr. Manger said.
“Would you be willing to give us a copy of the actual agreement that was signed by Ms. Pittman and yourself and legal counsel?” Ms. Bice asked.
“I'd have to go check with my general counsel before I answer that,” Mr. Manger said.
