We understand the obvious health and economic concerns related to the global outbreak of the coronavirus pandemic. But what about the pandemic’s potentially deleterious effects to our nation’s security? The public relies on the Department of Homeland Security to keep our country “safe, secure, and resilient against all threats and all hazards.” We must recognize the key and irreplaceable roles law enforcement assumes as one of the cornerstones of national security.
Law enforcement has already been called upon to enforce mandatory quarantines, provide security at hospitals and healthcare facilities overrun with desperate patients, and, if a vaccine is developed and available in limited quantities, will be asked to provide security for those charged with triage and distribution. In three states, National Guard troops have been mobilized.
With all this in mind, here are three areas for immediate consideration:
Enforcement/security roles
Enforcement priorities have undoubtedly shifted to enforce quarantines and ensure order at overwhelmed hospitals and healthcare facilities — personnel resources that short-staffed local departments may not have. Federal law enforcement (if states afford them customary “peace officer” status during crisis incident) may be used to enforce local laws. Martial law, if established, would require collaboration between local, state, and federal law enforcement. In direst of circumstances, the Posse Comitatus Act of 1878 could be suspended by Congress. The act (with limited exceptions) specifically forbids the military from performing law enforcement duties, such as enforcing laws by making arrests, detaining suspects, or conducting interrogations. Suspension of its provisions would be a watershed moment for modern America.
Early release for jailed inmates
Of the five goals of corrections (punishment, deterrence, incapacitation, rehabilitation, and restitution) the critical security concern remains incapacitation. This construct is designed to reduce the capacity of offenders to commit further crimes. Yet, overcrowded correctional facilities can serve as a veritable petri dish for the coronavirus. Restricting inmates’ movements and forbidding visitors may lessen the spread of the virus, but local governments across the country are taking precautions a step further. Elderly and sick inmates are being considered for immediate early release if they are considered low-level offenders. The potential for a community influx of potential recidivists presents additional concerns for law enforcement.
Investigations
Proactive, long-term investigations, like those typically conducted by the FBI, may become a lesser priority as local and state police departments become overwhelmed by additional pandemic-related responsibilities. An FBI spokesperson advised me that “FBI operations are directed toward national security and violations of federal law and will continue unabated.” This may be revisited if local law enforcement requires reinforcement. Local police will be forced to ignore minor offenses. During a critical incident, priorities shift. With hospitals suspending elective surgeries during this pandemic, police investigations not pursuant to mitigation of life-threatening violent crimes must be refocused as well, even delaying pursuit of those scornful “virus opportunists” who seek to defraud a panicked public during crisis.
Finally, our country has learned important lessons from critical incidents such as the Sept. 11 terror attacks and Hurricane Katrina’s “500-year flood.” But, even with recent disease outbreaks such as SARS and the H1N1 swine flu, we, as a nation, appear woefully unprepared for the coronavirus pandemic. It’s a classic example of the enduring adage, “Generals are always prepared to fight the last war.” Here is where we will again rely on law enforcement to protect us and keep us safe.
James A. Gagliano (@JamesAGagliano) worked in the FBI for 25 years. He is a law enforcement analyst for CNN and an adjunct assistant professor in homeland security and criminal justice at St. John’s University. Gagliano is a member of the board of directors of the Law Enforcement Legal Defense Fund.
