A new report revealed on Monday that the Department of Justice, lead by Attorney General William Barr, asked Congress to draft a bill that would allow chief judges to hold people without trial indefinitely while also suspending their constitutionally protected rights during the coronavirus and other emergencies.
The DOJ has requested that Congress allow any chief judge of a 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,” according to draft language obtained by Politico. This would be applicable 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 processes and proceedings.” They justify this by saying currently judges can pause judicial proceedings in an emergency, but that new legislation would allow them to apply it “in a consistent manner.”
Tha DOJ also asked Congress to suspend the statute of limitations on criminal investigations and civil proceedings during the emergency until a year after it ended.
Norman L. Reimer, executive director of the National Association of Criminal Defense Lawyers, told Politico the measure was “terrifying,” saying, “Not only would it be a violation of [habeas corpus], but it says ‘affecting pre-arrest.’ 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.”
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“That is something that should not happen in a democracy,” he added.
You can read the full report HERE.
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