As coronavirus shutdowns expand, they are potentially adding layers of difficulty to the criminal justice system, and the Justice Department is asking Congress for the ability to detain those awaiting trial amid the national emergency.
The DOJ has asked Congress to potentially extend statue of limitations and deadlines on mergers or prosecutions, according to documents reviewed by Politico.
Civil liberty advocates fear the Trump administration might use the national emergencies powers to enact previously difficult to approve and controversial policy changes.
The requests span all the stages of the criminal justice process from investigation through "pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings, and all civil process and proceedings," per the report.
Closures of courts are a primary basis for the DOJ request to Congress, seeking to pause proceedings "whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation," per the documents obtained by Politico.
Individual judges already have the powers to delay amid emergencies, but the DOJ seeks to make sure all judges act "in a consistent manner," according to the report.
Legal experts fear the impact on constitutional rights like habeas corpus, appearing before a judge and seeking release after arrest.
"Not only would it be a violation of that, but it says 'affecting pre-arrest,'" executive director of the National Association of Criminal Defense Lawyers told Norman L. Reimer. "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."
Most concerning to Reimer is the fact the national emergency has no end in sight.
"That is something that should not happen in a democracy," he added to Politico.
Another concern for Reimer is the request for judges to hold video conferences in lieu of in-person appearances.
"If it were with the consent of the accused person it would be fine," he told Politico. "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."
The Democratic-held House is unlikely to pass the DOJ requests, according to Politico.
Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
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