The FBI’s Richmond field office sent Attorney General Jay Jones a letter to inform him that its agents will disregard a new Virginia law requiring law enforcement officers to render aid in certain emergencies when the bureau determines compliance would interfere with its mission. However, after stories were published on Friday, the FBI corrected the record, stating that they misread the code in the first letter.
In a July 14 letter obtained by Virginia Scope, FBI Richmond Special Agent in Charge Ian P. Kaufmann wrote that FBI agents “will disregard Section 19.2-83.6:1 of the Virginia Code where they deem it appropriate to do so.”
Kaufmann said enforcing the statute against FBI agents “could cause significant harm” to the bureau’s ability to protect the public and uphold the Constitution. He said compliance could endanger agents and their families, harm national security, jeopardize ongoing and future investigations and allow criminals to circumvent the law.
“In addition, please be advised that the U.S. Department of Justice, of which the FBI is a component, steadfastly protects the privacy and safety of law enforcement from unconstitutional state laws,” Kaufmann wrote.
The law at the center of the dispute, House Bill 273, took effect July 1. According to Jones’ office, it is intended to ensure aid is rendered to individuals suffering serious injury or life-threatening medical emergencies while protecting officers who act lawfully and without gross negligence or willful misconduct.
Jones pushed back in a July 21 response, calling the FBI’s position “deeply disturbing” and urging the bureau to reconsider.
“The FBI’s stated position that it will refuse to observe this law undermines our shared purpose, is deeply disturbing, and I strongly urge the Bureau to immediately reconsider its position,” Jones wrote.
Jones argued the FBI’s concerns are misplaced because the law already provides protections for officers acting within the scope of their duties.
“It is unfathomable that this law could have this deleterious effect, when in fact the purpose of the law is to protect the American people and officers alike,” Jones wrote.
The Office of the Attorney General said it contacted the FBI Richmond Field Office by phone after receiving Kaufmann’s letter and followed up with the written response. As of Friday, the office said it had not received a response from the FBI clarifying its position.
The FBI letter does not say the bureau considers the Virginia law invalid in all circumstances. Instead, it states agents will disregard the statute “where they deem it appropriate to do so.”
Kaufmann also wrote that the acting U.S. attorney general has instructed the Justice Department’s Civil Division to identify state and local laws, policies and practices that facilitate violations of federal law or impede lawful federal operations.
The FBI clarified on Friday, stating that they used the wrong code in drafting the first letter.
A federal judge recently blocked this new state law that would prevent federal agents from wearing masks to conceal their identities.