The Justice Department pressed Congress to expand its powers, as well as those of the courts, during national emergencies such as the coronavirus outbreak.
Draft legislative text shared with lawmakers would allow the agency to pause the statute of limitations in both civil and criminal cases and extend them “for one year following the end of the national emergency,” according to Politico. President Trump declared a national emergency earlier this month in response to the COVID-19 pandemic.
In addition, the language would give the attorney general the authority to ask district court chief judges to pause these court proceedings “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation.” Judges currently can halt such proceedings in emergency situations in their own jurisdictions, but the draft language would make the emergency process more consistent.
The proposal also contained language that seeks to give judges the authority to halt court proceedings in extreme circumstances and 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.”
The Justice Department did not return the Washington Examiner’s request for comment.
Just last week, Attorney General William Barr spoke about the coronavirus and what the pandemic would entail for his department.
“As we face the nationwide spread of COVID-19, I want to emphasize that the critical mission of the Department of Justice must and will continue,” he said. “It is vital that we work together to safeguard our justice system and thus the safety and security of our nation.”
There were 303,816 confirmed coronavirus cases around the world and at least 12,950 deaths tied to the infection as of Saturday evening, according to the Johns Hopkins University tracker. There have been 81,305 confirmed cases in China, where the disease originated, and 3,259 confirmed deaths there. In the United States, there were 24,148 cases, which have resulted in 301 deaths.
Barr has urged federal prosecutors to “work closely with the Chief Judge in your district to ensure that every appropriate precaution is taken to protect the health of those who practice in or are called before our courts” and to “take every appropriate precaution to protect those who make the system function, including the judges, court staff, lawyers, parties, jurors, and witnesses who appear in courtrooms.”
The draft legislation language given to Congress would expand the ability of courts to carry out hearings through video teleconferences, including without the consent of the defendant. It additionally would remove the phrase “if the defendant consents” from two different parts of the Federal Rules of Criminal Procedure.
The Southern District of New York, one of the busiest and most important federal districts in the nation, has already begun to move toward allowing grand juries to meet via teleconference amid the coronavirus outbreak, per a standing order issued by Chief U.S. District Judge Colleen McMahon on Friday.
The report from Politico stated that the Justice Department “also wants Congress to change the law to explicitly say that people with COVID-19 — the illness caused by the novel coronavirus — are not included among those who may apply for asylum” and said the draft language asked for that rule to apply to those who are “subject to a presidential proclamation suspending and limiting the entry of aliens into the United States.”
Trump imposed a travel ban against Iran, Libya, Somalia, Syria, Yemen, North Korea, and Venezuela earlier in his presidency; Chad and Iraq have since been removed from the list. Travel restrictions against Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania were also instituted earlier this year.
Health and Human Services Secretary Alex Azar declared a public health emergency for the entire U.S. in response to the coronavirus on Jan. 31. That same day, Azar announced travel restrictions related to China. At the end of February, Trump implemented restrictions on travel to and from Iran. The president announced a European travel ban earlier in March.
Barr issued a directive to federal prosecutors last week to prioritize investigations of scam artists and hackers looking to exploit the coronavirus pandemic.
“The pandemic is dangerous enough without wrongdoers seeking to profit from public panic, and this sort of conduct cannot be tolerated,” Barr said. “Every U.S. attorney’s office is thus hereby directed to prioritize the detection, investigation, and prosecution of all criminal conduct related to the current pandemic.”
The attorney general also vowed there would be “severe” consequences if a foreign country was found to be behind the cyberattack against the Health and Human Services Department’s website on Sunday or behind false nationwide lockdown rumors.
Barr promised in early March that the Justice Department “stands ready to make sure that bad actors do not take advantage of emergency response efforts, healthcare providers, or the American people during this crucial time.”
