In a sweeping power grab, the Department of Justice has asked Congress for the ability to go directly to chief judges in order to detain people indefinitely without trial during emergencies.
The move is part of a recent push to expand government powers during the coronavirus pandemic, according to Politico, which has reviewed documents that detail the DOJ’s requests to lawmakers on this and a host of other topics – including state of limitations, asylum, and how court hearings are conducted.
The move has tapped into a broader fear among civil liberties advocates and Donald Trump’s critics — that the president will use a moment of crisis to push for controversial policy changes. Already, he has cited the pandemic as a reason for heightening border restrictions and restricting asylum claims. He has also pushed for further tax cuts as the economy withers, arguing that it would soften the financial blow to Americans. And even without policy changes, Trump has vast emergency powers that he could legally deploy right now to try and slow the coronavirus outbreak. –Politico
Politico notes that the requests are unlikely to make it through the Democratic-controlled House.
As part of the requests, the DOJ proposed that Congress grant the attorney general the ability to ask that any chief judge of any district court to pause court proceedings “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation.” Similarly, these top judges would have broad authority to pause court proceedings during emergencies.
Additionally, the requested changes would explicitly say that people with COVID-19 cannot apply for asylum – a request that comes on the heels of a Friday announcement by the Trump administration that it would begin denying entry to all illegal immigrants at the southern border – including those seeking asylum.
According to Politico, the changes would apply to “any statutes or rules of procedure otherwise affecting pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings.”
As we have heard from those in the legal profession, however, the courts have already ground to a virtual halt amid the Chinese coronavirus outbreak – as jurors aren’t coming in, and face-to-face depositions aren’t happening right now in many parts of the country.
The proposed changes have raised concerns over the implications for habeas corpus – the right to appear before a judge and seek release.
“Not only would it be a violation of that, but it says ‘affecting pre-arrest,” said Normal L. Reimer, who heads up the National Association of Criminal Defense Lawyers. “So that means you could be arrested and never brought before a judge until they decide that the emergency or the civil disobedience is over. I find it absolutely terrifying. Especially in a time of emergency, we should be very careful about granting new powers to the government.”
Reimer added that the notion of chief judges suspending court rules during an emergency indefinitely is deeply disturbing.
“That is something that should not happen in a democracy,” he said.
The department also asked Congress to pause the statute of limitations for criminal investigations and civil proceedings during national emergencies, “and for one year following the end of the national emergency,” according to the draft legislative text.
Trump recently declared the coronavirus crisis a national emergency.
Another controversial request: The department is looking to change the Federal Rules of Criminal Procedure in some cases to expand the use of videoconference hearings, and to let some of those hearings happen without defendants’ consent, according to the draft legislative text.
“Video teleconferencing may be used to conduct an appearance under this rule,” read a draft of potential new language for Federal Rule of Criminal Procedure 5(f), crossing out the phrase “if the defendant consents.”
“Video teleconferencing may be used to arraign a defendant,” read draft text of rule 10(c), again striking out the phrase “if the defendant consents.” –Politico
According to Reimer, forcing people to have hearings over videoconference vs. in-person would threaten civil liberties.
“If it were with the consent of the accused person it would be fine,” he said, adding “But if it’s not with the consent of the accused person, it’s a terrible road to go down. We have a right to public trials. People have a right to be present in court.”
It is my sincere desire to provide readers of this site with the best unbiased information available, and a forum where it can be discussed openly, as our Founders intended. But it is not easy nor inexpensive to do so, especially when those who wish to prevent us from making the truth known, attack us without mercy on all fronts on a daily basis. So each time you visit the site, I would ask that you consider the value that you receive and have received from The Burning Platform and the community of which you are a vital part. I can't do it all alone, and I need your help and support to keep it alive. Please consider contributing an amount commensurate to the value that you receive from this site and community, or even by becoming a sustaining supporter through periodic contributions. [Burning Platform LLC - PO Box 1520 Kulpsville, PA 19443] or Paypal
-----------------------------------------------------
To donate via Stripe, click here.
-----------------------------------------------------
Use promo code ILMF2, and save up to 66% on all MyPillow purchases. (The Burning Platform benefits when you use this promo code.)
The simple fact this being brought up paves the way for the event to happen.
The camels nose is under the tent and starting to sniff for what else can be deleted from the Constitution and Bill of rights.
And the Road to Hell is getting warmer, as this Fourth turning continues lurch towards destruction and death for the US…
As I just posted on another thread:
(Doug / Uncola) – posting Unonymously to avoid being spammed
Before and after Trump was elected I said “Who better to declare Martial Law” because the Faux-cons would help him round up the liberals not realizing they were next.
I might have broken the record for downvotes.
Had Impeachment been successful there never would have been Covid-19.
The virus is the equivalent of a Grand Slam Homerun in the bottom of the 9th of Game 7 between the Dodgers and the Yankees.
Monday’s Headline: Nadler and Schiff resign to immediately take positions as Chief Judge.
Please, this is from a Politico article who claimed they had documents but never published them for some strange reason. Fact of the matter is….THEY ALREADY HAVE THOSE POWERS and don’t need permission. Thank you NDAA, Thank you Patriot Act, Thank you AAUMF and so on…
Not sure about the virus. I’ve had a temp of 100 for two days, aches, mild headache, and I’ve been isolating fairly well, but exposed briefly to 20 people at work and 3 grocery trips in ten days. I’m in rust belt state
The come after you….sneeze on the bastards!
Something big is coming.
Trojan Horse Trump. Here we go folks. To bad meeting some of you at Camp Fema won’t be a pleasant experience. Hell maybe they won’t bother with a guy darn near 80.
Cliff
I expect them to donate some of our organs to worth causes.
The dogs plan on having the feast of their lifetime later this year.
Hell my organs are pretty old but they could sell them to some guy for a big profit.