In the movie Jurassic Park, character John Hammond explained how he got a start by creating flea circuses:
“You know the first attraction I ever built when I came down south from Scotland? It was a Flea Circus, Petticoat Lane. Really quite wonderful. We had a wee trapeze, and a merry-go… carousel and a seesaw. They all moved, motorized of course, but people would say they could see the fleas. “Oh, I see the fleas, mummy! Can’t you see the fleas?” Clown fleas and high wire fleas and fleas on parade.”
The illusion was assisted by MSNOW, which portrayed one of their favorite politicians as protecting polling places and, of course, democracy. MS Now host Jonathan Capehart asked, “How concerned are you that he will send either the military or the National Guard or even ICE to polling places, and what can you do, if anything, to stop him?”
Spanberger explained ominously:
“The reality is, throughout history, we have seen efforts at intimidating voters. My worry is we will continue to see those heightened… I’ll be issuing guidance across public spaces, including polling places, of how Virginia state employees can react to federal agents who might be appearing at a location where the worry is that they’re principally there to intimidate or scare people.”
Neither, of course, mentioned that there are already federal barriers to such intrusion into polling places. For example, 18 U.S.C. 592 states in part:
“Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shall be fined under this title or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States.”
That provision includes all federal civil personnel, including ICE.
While there might be instances in which federal officials respond to requests from local or state law enforcement to address a specific criminal act, there is already a general bar on posting or stationing such personnel at polling places.
As for the suggestion of other bars on ICE operating on Commonwealth property, good luck with that. Various Democratic governors and legislatures have moved to impose limitations, which are clearly unconstitutional. Indeed, we have seen at least one judge convicted of trying to bar ICE from a courthouse and assisting the escape of an individual sought by agents.
Notably, Spanberger is aware of these limits after she vetoed a separate bill that would have banned ICE from making detentions in hospitals, schools, courthouses, and polling places without a judicial warrant or subpoena. She recognized that such laws “would create unavoidable legal liability for security personnel and local law enforcement officers when assessing federal immigration enforcement activities in certain protected areas.”
Instead, she offered an illusory executive order that reaffirmed her image as an anti-ICE governor who is cutting off ICE in the state. It is doubtful that this order will ever be challenged because it is unlikely to be actually used as authority for any action.
For diehard Democrats, they could swear that they see the fleas moving the merry-go-round.