Impermissibility of Deputizing the House Sergeant at Arms as a Special Deputy U.S. Marshal: Memorandum for the Deputy Attorney General [April 10, 1995]   [open pdf - 22KB]

"You have asked our opinion whether there is any constitutional impediment to the deputation of the Sergeant at Arms of the House of Representatives ('HSA') as a Special Deputy United States Marshal ('DUSM'). Given the nature of the HSA's status and statutory duties as an Officer of the House -- which include maintaining order in the House under the direction of the Speaker -- it would be virtually impossible to separate or segregate those duties from the law enforcement duties of a DUSM, giving rise to inherent conflicts in accountability between the two positions. Consequently, we conclude that the proposed arrangement would raise serious concerns under the constitutional separation of powers."