The Justice Department responded to an article about its congressional request for “emergency powers” for courts during crises such as the coronavirus, arguing that these proposals would empower judges to ensure criminals don’t avoid justice during national emergencies.
Facing bipartisan backlash from lawmakers on Capitol Hill, Kerri Kupec, the spokeswoman for Attorney General William Barr, shared a statement Monday that claimed it was Congress that first asked for the proposals.
“There has been some confusion re: reports about DOJ asking Congress for certain ‘emergency powers.’ This was triggered by Congress asking DOJ for suggested proposals necessary to ensure that federal courts would be able to administer fair and impartial justice during the pandemic,” the lengthy statement tweeted by Kupec said.
The report on the draft legislative text by Politico said, “The Justice Department has quietly asked Congress for the ability to ask chief judges to detain people indefinitely without trial during emergencies — part of a push for new powers that comes as the novel coronavirus spreads throughout the United States.”
Kupec noted: “Because of pandemic-related measures, courts are closing and grand juries are not meeting. … That means prosecutors may not be able to indict criminals before a statute of limitations expires, or that dangerous criminals who have been arrested may be released because of time limits.” The DOJ spokeswoman argued that “criminals should not be able to avoid justice because of a public health emergency.”
Therefore, Kupec said, “Individual judges are already extending deadlines” but that “to promote consistency by ensuring ALL cases in a particular district are treated similarly, DOJ suggested provisions to allow judges to consistently manage the cases within their districts.”
Kupec said the goal of the proposed legislative text would be to empower judges to extend deadlines and statutes of limitation “in the interests of justice.” She said this authority would end either at the “termination of the COVID-19 national emergency” or “the Chief Justice’s finding that the emergency conditions no longer materially affect the functioning of the federal courts.” She said that any such orders would “remain in effect no longer than 30 days beyond the termination.”
Barr spoke about the department’s work during the coronavirus pandemic in an interview with the Wall Street Journal that was published Monday.
“There’s some discombobulation, but part of what we’re trying to do is keep up the mission,” he said of the agency’s commitment to proceed with criminal investigations, prioritize coronavirus-related fraud prosecutions, keep the justice system functioning, and pursue other Trump administration priorities during a deadly outbreak.
Barr said he was worried that “things are getting out of control” with local liberal prosecutors releasing people from prison and declining charges as the COVID-19 outbreak spreads.
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The 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. It would also expand the ability of courts to carry out hearings through video teleconferences, including without the consent of the defendant.
The report stated 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.”
The proposals in the Politico article were met with swift blowback from some lawmakers this weekend. Republican Sen. Mike Lee of Utah tweeted: “OVER MY DEAD BODY.” Newly independent Rep. Justin Amash of Michigan proclaimed that “Congress must loudly reply NO.” Democratic New York Rep. Alexandria Ocasio-Cortez said simply: “Absolutely not.”
“The goal of these provisions 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 the courts around the country,” Kupec argued. “Bottom line: The proposed legislative text confers powers upon judges. It does not confer new powers upon the executive branch. These provisions are designed to empower the courts to ensure the fair and effective administration of justice.”
Kupec said that “it is Congress that will decide whether to enact them into law.”
There were over 372,000 confirmed coronavirus cases around the world and at least 16,300 deaths tied to the infection as of Monday afternoon, according to the Johns Hopkins University tracker. There have been 81,496 confirmed cases in China, where the disease originated, and 3,274 confirmed deaths there. In the U.S., there have been over 41,700 cases, which have resulted in 573 deaths.
