Justice Department Proposes Pausing Court Procedures During Emergency

March 25, 2020 by Tom Ramstack
Justice Department Proposes Pausing Court Procedures During Emergency
The Robert F. Kennedy Department of Justice Building. (Photo by Dan McCue)

WASHINGTON -The Justice Department is asking Congress to authorize courts to detain criminal suspects indefinitely without trials until the coronavirus subsides.

The request would give chief federal judges the power to alter procedures for arrests, investigations and how the cases are processed through the courts.

The Justice Department submitted its written request to lawmakers shortly after President Trump declared coronavirus to be a national emergency this month. This week, the U.S. surgeon general warned the epidemic is about to become “really bad” in the United States.

One segment of the documents seeks authority for judges to pause the statute of limitations for criminal and civil cases “and for one year following the end of the national emergency.”

Civil liberties advocates caution that slower court procedures risk violating the Sixth Amendment, which is supposed to guarantee defendants a speedy and public trial by an impartial jury.

They also say the authorization sought by the Justice Department could extend far beyond the coronavirus pandemic to other situations the federal government describes as emergencies.

President Trump already is enduring criticism for using coronavirus as a justification to increase border restrictions and to limit asylum claims. He also is asking Congress for more tax cuts to boost economic development as employment and stock markets falter.

The Justice Department submission to Congress would grant chief judges in any district the power to pause proceedings “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience or other emergency situation.” The request would begin with the attorney general.

Another controversial part of the documents would expand use of video-conference hearings, sometimes without the defendants’ consent.

Democrats in Congress are signaling that the proposal faces tough opposition among lawmakers.

Rep. Alexandria Ocasio-Cortez, D-N.Y., called the idea “abhorrent” during an interview this week on CNN’s “State of the Union.”

“There’s a long history in this country and in other countries of using emergencies as times to really start to encroach upon people’s civil rights,” she said. “And, in fact, this is the time when we need them the absolute most.”

The Justice Department denied risks that civil rights would be impaired for political reasons.

Justice Department spokesman Kerri Kupec said in tweets this week that the proposal would empower judges and ensure “consistency” in their response to an emergency.

“The goal of these provisions (is) to ensure that the justice system continues to operate equitably and effectively, and to harmonize what is already being done on an ad hoc basis by courts around the country,” Kupec wrote. “Bottom line: The proposed legislative text confers powers upon judges. It does not confer new powers upon the executive branch.”

A+
a-
  • Coronavirus
  • emergencies
  • Justice Department
  • In The News

    Health

    Voting

    Courts

    Court Agrees to Block Collection of Trump's $454M Civil Fraud Judgment if He Puts Up $175M

    NEW YORK (AP) — A New York appeals court on Monday agreed to hold off collection of former President Donald... Read More

    NEW YORK (AP) — A New York appeals court on Monday agreed to hold off collection of former President Donald Trump’s $454 million civil fraud judgment — if he puts up $175 million within 10 days. If he does, it will stop the clock on collection and prevent... Read More

    Pro-Trump Michigan Attorney Arrested After Hearing in DC Over Leaking Dominion Documents

    An attorney facing criminal charges for illegally accessing Michigan voting machines after the 2020 election was arrested Monday after a... Read More

    An attorney facing criminal charges for illegally accessing Michigan voting machines after the 2020 election was arrested Monday after a hearing in a separate case in federal court in Washington, D.C. Stefanie Lambert was arrested by U.S. Marshals after a hearing over possible sanctions against her... Read More

    March 18, 2024
    by Tom Ramstack
    US Judicial Conference Policy Seeks to Limit Judge Shopping

    WASHINGTON — The U.S. Judicial Conference announced a policy last week intended to limit "judge shopping" by activists trying to... Read More

    WASHINGTON — The U.S. Judicial Conference announced a policy last week intended to limit "judge shopping" by activists trying to win rulings by judges likely to be biased in their favor. Allegations of judge shopping have been lodged most commonly against state attorneys general, political activists... Read More

    College Swimmers, Volleyball Players Sue NCAA Over Transgender Policies

    ATLANTA (AP) — Former Kentucky swimmer Riley Gaines was among more than a dozen college athletes who filed a lawsuit... Read More

    ATLANTA (AP) — Former Kentucky swimmer Riley Gaines was among more than a dozen college athletes who filed a lawsuit against the NCAA on Thursday, accusing it of violating their Title IX rights by allowing transgender woman Lia Thomas to compete at the national championships in... Read More

    Prosecutors Say They're Open to Delaying Donald Trump's March 25 Hush-Money Trial for a Month

    NEW YORK (AP) — New York prosecutors said Thursday they are open to delaying the start of Donald Trump's hush-money criminal... Read More

    NEW YORK (AP) — New York prosecutors said Thursday they are open to delaying the start of Donald Trump's hush-money criminal trial by a month “in an abundance of caution” to give the former president's lawyers time to review evidence they received only recently from a previous federal... Read More

    Latest Attempt to Chip Away at 'Obamacare' Questions Preventive Health Care

    NEW ORLEANS (AP) — A federal appeals court was scheduled to hear arguments Monday on whether former President Barack Obama's... Read More

    NEW ORLEANS (AP) — A federal appeals court was scheduled to hear arguments Monday on whether former President Barack Obama's signature health care law requires full insurance coverage of certain types of preventive care, including HIV prevention and some types of cancer screenings. A federal judge... Read More

    News From The Well
    scroll top