Inevitable that the sycophants of the regime of a wannabe autocrat would seek to turn a crisis into an opportunity to exercise more unrestrained emergency powers over the citizenry. The Department of Justice, ever more a tool of Donald Trump under the supervision of loyalist Attorney General Bill Barr, a great believer in unitary executive theory, has been quietly seeking more authority of a sort that is disturbing civil libertarians and other rights advocates, according to Betsy Woodruff Swan at Politico.
Included in documents she reviewed are proposals to hold people indefinitely without trial, potentially to eliminate habeas corpus, to let judges pause trials, to extend the statute of limitations for a year after a national emergency ends, and to get Congress to specifically exclude people afflicted with the coronavirus disease from applying for asylum. The Justice Department would not comment.
Swan writes:
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. [...] 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 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.”
Norman L. Reimer, the executive director of the National Association of Criminal Defense Lawyers told Swan, “Not only would it be a violation of that, 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.
The good news is that most of these proposals will presumably not be approved as long as Democrats control the House of Representatives.