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Ed Martin, the acting U.S. attorney in Washington, has been blocked so far in seeking a grand jury investigation into remarks made by Senator Chuck Schumer about Supreme Court justices.
The five-year time limit for prosecuting Senator Chuck Schumer under the most likely charges that might stem from any inquiry expires on Tuesday. Credit… Haiyun Jiang for The New York Times Ed Martin, the interim U.S. attorney for the District of Columbia, has been quietly pushing to present evidence against Senator Charles Schumer of New York, the Democratic leader, to a federal grand jury over comments he made about Supreme Court justices in 2020, according to people with knowledge of the situation.
Justice Department officials have thus far rebuffed the unusual request by Mr. Martin, a partisan ally of President Trump with no previous prosecutorial experience, one of those people said.
Mr. Martin has made clear his hopes of investigating whether the remarks made five years ago by Mr. Schumer amounted to threats against Justice Brett Kavanaugh and Justice Neil M. Gorsuch. Bringing such a case is highly unusual and winning a conviction would be difficult, according to current and former prosecutors.
Last month, Mr. Martin signaled his intention to take an aggressive approach, writing Mr. Schumer a letter demanding “information and clarification” of remarks he made at a rally on March 4, 2020.
“You have released the whirlwind and you will pay the price!” Mr. Schumer said at the rally, addressing his remarks to Justices Kavanaugh and Gorsuch. Mr. Schumer’s staff retracted his statement and the senator apologized a day later, taking to the floor of the Senate to say, “I should not have used the words I used.”
Mr. Schumer added that he had been referring to “political consequences” rather than violent retribution, chalking up his phrasing to his upbringing in Brooklyn.
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