The Moderate Voice

An Internet hub with domestic and international news, analysis, original reporting, and popular features from the left, center, indies, centrists, moderates, and right


You are here: Home / Law / Report: DOJ seeks new emergency powers amid coronavirus pandemic

Report: DOJ seeks new emergency powers amid coronavirus pandemic

by Leave a Comment

The powers would include allowing the government to detail someone indefinitely

When Donald Trump was elected there were several schools of thought among those who didn’t support him. (1) That he would grow in office and be a responsible leader. (2) That he was a danger and those who believed that would list a host of things he would likely do. The reality is that (2) is what we are seeing.

Those who felt that way (and others) will note this development with alarm: The Department of Justice seeks new emergency powers due to the coronavirus pandemic that would include the power to hold people indefinitely. Politico reports:

“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 coronavirus spreads through the United States.

“Documents reviewed by POLITICO detail the department’s requests to lawmakers on a host of topics, including the statute of limitations, asylum and the way court hearings are conducted. POLITICO also reviewed and previously reported on documents seeking the authority to extend deadlines on merger reviews and prosecutions.

“A Justice Department spokesperson declined to comment on the documents.

“The move has tapped into a broader fear among civil liberties advocates and Donald Trump’s critics — that the president will use a moment of crisis to push for controversial policy changes. Already, he has cited the pandemic as a reason for heightening border restrictions and restricting asylum claims. He has also pushed for further tax cuts as the economy withers, arguing that it would soften the financial blow to Americans. And even without policy changes, Trump has vast emergency powers that he could legally deploy right now to try and slow the coronavirus outbreak.

“The DOJ requests — which are unlikely to make it through a Democratic-led House — span several stages of the legal process, from initial arrest to how cases are processed and investigated.”

And:

“The proposal would also grant those top judges broad authority to pause court proceedings during emergencies. It 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,” according to draft legislative language the department shared with Congress. In making the case for the change, the DOJ document wrote that individual judges can currently pause proceedings during emergencies, but that their proposal would make sure all judges in any particular district could handle emergencies “in a consistent manner.”

“The request raised eyebrows because of its potential implications for habeas corpus –– the constitutional right to appear before a judge after arrest and seek release.'”

While many Americans might give the administration the benefit of the doubt, it’s highly likely that if they took a poll on this it’d be whoppingly against this. There are authentic concerns that given the administration’s record any extra powers given to the Trump administration would be used responsibly and wisely.

History offers another reason to be cautious: President Woodrow Wilson (who served 1913-1921) initiated one of the greatest attacks on American civil liberties in history. His government used powers to arrest thousands of political dissents under the Espionage Act, with a 45% conviction rate.

For more reaction to this development GO HERE.

Image by KERBSTONE from Pixabay