Does pandemic panic mean indefinite detention?

Started by yankeedoodle, March 24, 2020, 03:34:34 PM

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yankeedoodle

Remember the "Patriot Act?"  Look what they've been whipped up in a hurry this time.
DOJ seeks new emergency powers amid coronavirus pandemic
One of the requests to Congress would allow the department to petition a judge to indefinitely detain someone during an emergency.
https://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-140023

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.

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 it would soften the financial blow to Americans. And even without policy changes, Trump has vast emergency powers that he could deploy right now to try to 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.

In one of the documents, the department proposed that Congress grant the attorney general power to ask the chief judge of any district court to pause court proceedings "whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation."

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 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.

"Not only would it be a violation of that, but it says 'affecting pre-arrest,'" said Norman L. Reimer, executive director of the National Association of Criminal Defense Lawyers. "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."

Reimer said the possibility of chief judges suspending all court rules during an emergency without a clear end in sight was deeply disturbing.

"That is something that should not happen in a democracy," he said.

The department also asked Congress to pause the statute of limitations for criminal investigations and civil proceedings during national emergencies, "and for one year following the end of the national emergency," according to the draft legislative text.

Trump recently declared the coronavirus crisis a national emergency.

Another controversial request: The department is looking to change the Federal Rules of Criminal Procedure in some cases to expand the use of videoconference hearings and to let some of those hearings happen without defendants' consent, according to the draft legislative text.

"Video teleconferencing may be used to conduct an appearance under this rule," read a draft of potential new language for Federal Rule of Criminal Procedure 5(f), crossing out the phrase "if the defendant consents."

"Video teleconferencing may be used to arraign a defendant," read draft text of rule 10(c), again striking out the phrase "if the defendant consents."

Reimer said forcing people to have hearings over video rather than in person would threaten civil liberties.

"If it were with the consent of the accused person it would be fine," he said. "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 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 the department asked for the same change regarding people who are "subject to a presidential proclamation suspending and limiting the entry of aliens into the United States," according to the draft legislative language.

Layli Miller-Muro, the CEO of the Tahirih Justice Center, which advocates for women and girls fleeing violence, said the language would block anyone on a presidential travel ban list from seeking asylum in the U.S.

"I think it's a humanitarian tragedy that fails to recognize that vulnerable people from those countries are among the most persecuted and that protecting them is exactly what the refugee convention was designed to do," she said.

The asylum request comes as the Trump administration says it will begin denying entry to all migrants illegally crossing the U.S. southern border, including those seeking asylum.

"I hope we come out of this with a sense of oneness, interconnectedness," Miller-Muro said of the coronavirus pandemic. "Borders can't protect us. Viruses do not care."









rmstock

Pandemic
Pandemic Pan*dem"ic, a. [L. pandemus, Gr. ?, ?; ?, ?, all + ?
the people: cf. F. pand['e]mique.]
Affecting a whole people or a number of countries; everywhere
epidemic. -- n. A pandemic disease. --Harvey.

   -- From Webster's Revised Unabridged Dictionary (1913)

Pandemonium
Pandemonium Pan`de*mo"ni*um, n. [NL., from Gr. ?, ?, all + ? a
demon.]
1. The great hall or council chamber of demons or evil
spirits. --Milton.

2. An utterly lawless, riotous place or assemblage.

   -- From Webster's Revised Unabridged Dictionary (1913)

Which allows for the following Hypothesis. The feeding of State
Sponsored Panic into a Pandemic will result in a Pandemonium.

``I hope that the fair, and, I may say certain prospects of success will not induce us to relax.''
-- Lieutenant General George Washington, commander-in-chief to
   Major General Israel Putnam,
   Head-Quarters, Valley Forge, 5 May, 1778

rmstock

It looks like real and equal Justice under the Law will become a thing of the past.
FBI and DOJ gate might even be used to abolish the American justice system.

Quote from: rmstock on March 23, 2020, 07:21:44 PM
In 1990 author, publisher and editor Walter H. Bowart together with
Richard Sutton wrote a longread article :

THE INVISIBLE THIRD WORLD WAR
[pdf]https://rmstock.files.wordpress.com/2020/03/the-invisible-third-world-war-bowart-and-sutton.pdf[/pdf]
https://rmstock.files.wordpress.com/2020/03/the-invisible-third-world-war-bowart-and-sutton.pdf

A remarkable quote from this document :

  "Institutionalized Psychiatry has become an instrument of civilian
   control in the Modern State. Mind control police tactics have replaced
   the criminal justice system in the Soviet Union.
Behind the Iron
   Curtain, where intolerable conditions Would otherwise spark revolt,
   psychiatric techniques have turned the Soviet population into a herd of
   terrified and apathetic atomatons (22). High technology Soviet mind
   control has been employed against political dissidents. In the United
   States the American Mental Health Industry holds Soviet-style plans to
   replace the American justice system with mind control operations (23).

   (22) Fireside, Harvey, SOVIET PSYCHOPRISONS (New York: Norton) 1979
   (23) U.S. Senate Judiciary Committee, November 1974, "Individual Rights
        and the Federal Role in Behavior Modification"


An earlier version from July 1985, was cleared in 2011 and made
available by the CIA. Only very recently a search on google shows the 1985
Bowart Sutton article on the CIA website :



ST Declassified in Part --Sanitized Copy Approved for Release 2011/12/21:
CIA-RDP90-ARTICLE APPIRED

https://www.cia.gov/library/readingroom/document/cia-rdp90-00965r000100260020-4
https://www.cia.gov/library/readingroom/docs/CIA-RDP90-00965R000100260020-4.pdf


``I hope that the fair, and, I may say certain prospects of success will not induce us to relax.''
-- Lieutenant General George Washington, commander-in-chief to
   Major General Israel Putnam,
   Head-Quarters, Valley Forge, 5 May, 1778