Department of Justice ‘clarifies’ its emergency powers request

A couple of days ago it was reported that the Department of Justice was seeking extraordinary emergency powers which included the power to indefinitely detain Americans without a trial.

  This naturally set off a firestorm with civil liberty advocates and today the Department of Justice “clarified” its position on this issue. Here is more:

A Justice Department spokesperson issued a clarification overnight regarding a recent “emergency powers” request to Congress involving prolonged pre-trial incarceration during the coronavirus crisis that drew a backlash on social media.

The DOJ claimed that there had been “confusion” after Politico and Rolling Stone wrote that the department was seeking new “emergency powers” for itself that would “suspend” certain rights in criminal matters. In reality, the spokeswoman said, judges would be the ones to determine whether a defendant could be held in custody for longer than normally permitted.

“Bottom line: The proposed legislative text confers powers upon judges. It does not confer new powers upon the executive branch,” said a statement posted by DOJ spokeswoman Kerri Kupec early Monday morning. “These provisions are designed to empower the courts to ensure the fair and effective administration of justice.”

  There you have it, the Department of Justice is not seeking the power to detain Americans indefinitely but rather is seeking to give the judges the power to do so. The bottom line is the Justice Department does want the government to have this power, does this make it any better in your eyes? It does not make me feel any better…

malo periculosam libertatem quam quietum servitium