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DOJ Asks Congress to Pass Law That Could Indefinitely Detain People Without Trial

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  • In a series of requests for proposed legislation to address the coronavirus pandemic, the Department of Justice is asking Congress to enact a law that would allow some judges to indefinitely detain a person without the right to trial.
  • The DOJ is also asking for Congress to suspend the statute of limitations for arrests and pass a law explicitly saying that migrants cannot apply for asylum if they have COVID-19.
  • The requests were met with intense criticism by both Republicans and Democrats, though the DOJ has defended them, saying it worked with Congress and federal courts to develop the measures.

DOJ Requests Emergency Powers

The Department of Justice has asked Congress to grant it certain new emergency powers, including the ability for Attorney General William Barr to ask the chief judge of any district court to pause court proceedings, which could indefinitely detain people without trial.

The details of the requests were originally published by Politico on Saturday and they come as a response to the coronavirus pandemic.

Specifically, the DOJ is asking Congress to allow it the power to ask district courts to indefinitely pause court proceedings “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation.”

Further, that proposal 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.”

That request could have serious implications, most notably the suspension of habeas corpus, which is a person’s right to appear in front of a judge after being arrested. 

For its part, the DOJ is justifying this request by saying that, currently, judges can already pause judicial proceedings in an emergency; however, this new legislation would allow them to handle emergencies “in a consistent manner.” 

Nonetheless, in an interview with Politico, executive director of the National Association of Criminal Defense Lawyers, Norman L. Reimer expressed concern.

“Not only would it be a violation of [habeas corpus],” Reimer said, “but it says ‘affecting pre-arrest. 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.”

According to Politico, Reimer also called the possibility indefinite suspensions of court rules “deeply disturbing.” 

DOJ Makes Several Other Requests

In its draft for proposed legislation, the DOJ also made several additional requests. 

Among those, it asks Congress to suspend the statute of limitations for criminal investigations and civil proceedings during a national emergency and “for one year following the end of the national emergency.”

It’s also asking to change the Federal Rules of Criminal Procedure in some cases to expand the use of video conference hearings. Under current law, if a person consents to it, they can appear at their hearing over a video conference call and have their charges read that way. 

Now, the DOJ is asking Congress to let some of those hearings happen without defendants’ consent.

“If it were with the consent of the accused person it would be fine,” Reimer 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.”

Another big request is that the DOJ is asking Congress to pass a law that would explicitly bar asylum seekers from claiming asylum if they have tested positive for COVID-19.

That request comes as the Trump Administration has already announced it will start barring entry to migrants at the southern border. Notably, that already includes asylum seekers there.

DOJ Requests Met with Intense Criticism

While the requests would be unlikely to pass a Democratic-led House of Representatives, the highly controversial draft legislation has largely been met with opposition both by Democrats and Republicans. 

Among notable reactions, Republican Utah Senator Mike Lee—who is currently one of five U.S. Senators self-quarantining—said of the requests, “OVER MY DEAD BODY.”

“@realDonaldTrump, please refute and disavow this immediately,” he said. 

In an interview on CNN with Jake Tapper Sunday morning, Democratic Representative Alexandria Ocasio-Cortez called the requests “abhorrent.

“This is not a time,” she said, “and you know, there is 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. And, in fact, this is the time when we need them the absolute most. We have to keep an eye out for these kind of authoritarian and frankly this expansion, or rather suspension, of rule of law.” 

Former RNC Chair and former Lieutenant Governor of Maryland Michael Steele also blasted the requests, saying on Saturday, “NO!! This is NOT a slope we want to get on. Suspending Constitutional Rights!? With this crew?!  OH HELL NO!”

Richard Painter, the former White House Chief Ethics Lawyer for George W. Bush, called on Barr to resign on Monday. 

DOJ Defends Request

At the same time, the DOJ has defended its requests. Sunday night on Twitter, spokesperson Kerri Kupec tried to clarify the situation by outlining the DOJ’s reasoning.

“There has been some confusion re: reports about DOJ asking Congress for certain “emergency powers,” she said. “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 [a] pandemic.”

Kupec then said the draft proposal was “developed in consultation w/ Congress and federal judiciary to help federal judges more consistently manage cases w/in their districts & protect interests of justice during this national emergency.”

“Because of pandemic-related measures, courts are closing and grand juries are not meeting,” she added. That means prosecutors may not be able to indict criminals before a statute of limitations expires, or dangerous criminals who have been arrested may be released because of time limits.”

Kupec said that authority would end once the national emergency was over if a chief justice found that emergency conditions were no longer affecting the federal courts. 

“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.”

See what others are saying: (NBC News) (CNN) (Rolling Stone)

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Conservatives Slam Elmo For Getting Vaccinated Against COVID-19 

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While critics accused the muppet of promoting propaganda, CDC data shows the shots are safe and effective.


Elmo Gets Vaccinated 

Conservative politicians expressed outrage on Twitter after the beloved “Sesame Street” character Elmo revealed he got vaccinated against COVID-19 on Tuesday.

The Centers for Disease Control and Prevention recently cleared the way for children between the ages of six months and five years to get vaccinated against the virus. The famous red muppet is three years old, making him finally eligible for the jab. 

In a video shared by “Sesame Street,” Elmo said that he felt “a little pinch, but it was okay.” 

Elmo’s father, Louie, then addressed parents who might be apprehensive about vaccinating their own kids. 

“I had a lot of questions about Elmo getting the COVID vaccine,” he said to the camera. “Was it safe? Was it the right decision? I talked to our pediatrician so I could make the right choice.” 

“I learned that Elmo getting vaccinated is the best way to keep himself, our friends, neighbors, and everyone else healthy and enjoying the things they love,” he continued. 

Republicans Criticize “Sesame Street”

While some praised the video for raising awareness and addressing the concerns parents may have, Sen. Ted Cruz (R-Tx) quickly lambasted the effort.

“Thanks, Sesame Street for saying parents are allowed to have questions,” Cruz tweeted. “You then have Elmo aggressively advocate for vaccinating children UNDER 5. But you cite ZERO scientific evidence for this.”

Despite Cruz’s claim, the CDC has provided ample resources with information on vaccines for children. 

He was not alone in criticizing the video. Harmeet Dhillon, a committeewoman of the Republican National Committee for California, suggested that Elmo would be taking puberty blockers next. 

Other anti-vaxxers claimed Elmo would get myocarditis and accused “Sesame Street” of promoting propaganda.

COVID-19 vaccines have been proven to be both safe and effective against transmission of the virus, but this is not the first time conservatives have turned their anger against a friendly-looking muppet who opted to get the jab. When Big Bird got vaccinated in November, Cruz and other right-wing figures accused the show of brainwashing kids.

Big Bird’s choice to get vaccinated was not a shocker though, clips dating back to 1972 show him getting immunized against the measles. 

See what others are saying: (CNN) (The Hill) (Market Watch)

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Uvalde Puts Police Chief on Leave, Tries to Kick Him Off City Council

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If Pete Arredondo fails to attend two more consecutive city council meetings, then he may be voted out of office.


Police Chief Faces Public Fury

Uvalde School District Police Chief Pete Arredondo was placed on administrative leave Wednesday following revelations that he and his officers did not engage the shooter at Robb Elementary for over an hour despite having adequate weaponry and protection.

Superintendent Hal Harrell, who made the announcement, did not specify whether the leave is paid or unpaid.

Harrell said in a statement that the school district would have waited for an investigation to conclude before making any personnel decisions, but chose to order the administrative leave because it is uncertain how long the investigation will take.

Lieutenant Mike Hernandez, the second in command at the police department, will assume Arredondo’s duties.

In an interview with The Texas Tribune earlier this month, Arredondo said he did not consider himself in charge during the shooting, but law enforcement records reviewed by the outlet indicate that he gave orders at the scene.

Department of Public Safety Director Steve McCraw told state senators on Tuesday that some officers wanted to enter the classrooms harboring the shooter but were stopped by their superiors.

He said officer Ruben Ruiz tried to move forward into the hallway after receiving a call from his wife Eva Mireles, a teacher inside one of the classrooms, telling him she had been shot and was bleeding to death.

Ruiz was detained, had his gun taken away, and was escorted off the scene, according to McCraw. Mireles later died of her wounds.

Calls for Arredondo to resign or be fired have persisted.

Emotions Erupt at City Council

Wednesday’s announcement came one day after the Uvalde City Council held a special meeting in which community members and relatives of victims voiced their anger and demanded accountability.

“Who are you protecting?” Asked Jasmine Cazares, sister of Jackie Cazares, a nine-year-old student who was shot. “Not my sister. The parents? No. You’re too busy putting them in handcuffs.”

Much of the anger was directed toward Arredondo, who was not present at the meeting but was elected to the city council on May 7, just over two weeks before the massacre.

“We are having to beg ya’ll to do something to get this man out of our faces,” said the grandmother of Amerie Jo Garza, a 10-year-old victim. “We can’t see that gunman. That gunman got off easy. We can’t take our frustrations out on that gunman. He’s dead. He’s gone. … Ya’ll need to put yourselves in our shoes, and don’t say that none of ya’ll have, because I guarantee you if any of ya’ll were in our shoes, ya’ll would have been pulling every string that ya’ll have to get this man off the council.”

One woman demanded the council refuse to grant Arredondo the leave of absence he had requested, pointing out that if he fails to attend three consecutive meetings the council can vote him out for abandoning his office.

“What you can do right now is not give him, if he requests it, a leave of absence,” she said. “Don’t give him an out. We don’t want him. We want him out.”

After hearing from the residents, the council voted unanimously not to approve the leave of absence.

On Tuesday, Uvalde’s mayor announced that Robb Elementary is set to be demolished, saying no students or teachers should have to return to it after what happened.

We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.

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Texas Public Safety Director Says Police Response to Uvalde Shooting Was An “Abject Failure”

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New footage shows officers prepared to engage the shooter one hour before they entered the classroom.


Seventy-Seven Deadly Minutes

Nearly a month after the mass shooting in Uvalde, Texas that killed 19 children and two teachers, evidence has emerged indicating that police were prepared to engage the shooter within minutes of arriving, but chose to wait over an hour.

The shooting at Robb Elementary began at 11:33 a.m., and within three minutes 11 officers are believed to have entered the school, according to surveillance and body camera footage obtained by KVUE and the Austin American Statesman.

District Police Chief Pete Arredondo reportedly called a landline at the police department at 11:40 a.m. for help.

“It’s an emergency right now,” he said. “We have him in the room. He’s got an AR-15. He’s shot a lot… They need to be outside the building prepared because we don’t have firepower right now. It’s all pistols.”

At 11:52 a.m., however, the footage shows multiple officers inside the school armed with at least two rifles and one ballistic shield.

Law enforcement did not enter the adjoined classrooms to engage the shooter until almost an hour later, at 12:50 p.m. During that time, one officer’s daughter was inside the classrooms and another’s wife, a teacher, reportedly called him to say she was bleeding to death.

Thirty minutes before law enforcement entered the classrooms, the footage shows officers had four ballistic shields in the hallway.

Frustrated Cops Want to Go Inside

Some of the officers felt agitated because they were not allowed to enter the classrooms.

One special agent at the Texas Department of Public Safety arrived about 20 minutes after the shooting started, then immediately asked, “Are there still kids in the classrooms?”

“It is unknown at this time,” another officer replied.

“Ya’ll don’t know if there’s kids in there?” The agent shot back. “If there’s kids in there we need to go in there.”

“Whoever is in charge will determine that,” the other officer responded.

According to an earlier account by Arredondo, he and the other officers tried to open the doors to the classrooms, but found them both locked and waited for a master key to arrive. But surveillance footage suggests that they never tried to open the doors, which a top Texas official has confirmed were never actually locked.

One officer has told reporters that within minutes of the police response, there was a Halligan bar, which firefighters use to break down locked doors, on-site, but it was never used.

At a special State Senate committee hearing Monday, Texas Department of Public Safety Director Steve McCraw called the police response an “abject failure” and “antithetical to everything we’ve learned over the last two decades since the Columbine massacre.”

“The only thing stopping a hallway of dedicated officers from (entering rooms) 111 and 112 was the on-scene commander who decided to place the lives of officers before the lives of children,” he said. “The officers have weapons, the children had none.”

We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.

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