Posted on 04/27/2020 11:55:25 PM PDT by Syncro
U.S. Attorney General William Barr on Monday released a memo to federal prosecutors which sought to balance public safety measures with the preservation of “constitutional rights and civil liberties” during the coronavirus pandemic. The memo instructs U.S. Attorneys to “be on the lookout” for orders by state and local governments which encroach upon the rights of citizens.
Barr said he is expanding the mandate on prosecutors previously directed to prioritize cases against persons accused of illegally profiting from PPE hoarding and price gouging to also encompass constitutional violations.
“Now, I am directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens,” Barr wrote.
Per the memo:
“As the Department of Justice explained recently in guidance to states and localities taking steps to battle the pandemic, even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers. The legal restrictions on state and local authority are not limited to discrimination against religious institutions and religious believers.”
Barr said he is authorizing the Assistant Attorney General for Civil Rights Eric Dreiband and the U.S. Attorney for the Eastern District of Michigan Matthew Schneider to coordinate DOJ’s “efforts to monitor state and local policies and, if necessary, take action to correct them.”
Barr also provided an example of the conduct the DOJ should be ensuring does not take place.
Read the rest at Law and Crime
Agreed, particularly with the burden of proof on the state to defend "essential" vs. "non-essential" business.
A co-ordinated effort could open most red states with GOP governors & AGs rapidly -- FL, OH, IN, etc., the right federal suit could open all businesses without this phased-in garbage but merely subject to the distancing guidelines.
Would also like to see this tested in states with Donkey governors and Republican AGs, like that hillbilly Brassiere.
I like Barr, but so far he has only talked about defending our rights.
It will scare some into re-opening, just to cover their butts.
Even if they don’t actually get prosecuted personally, it might make them look bad during the election - which could be enough to influence behavior.
Too little, too late.
States are easing restrictions now, starting with those restrictions thta bump up against “the enumerated rights” found in the constitution.
18USC242.
I don’t know if Barr has been sleeping or what but there already have been many violations. Freedom of assembly and freedom to worship to name a few. Wake up!
That includes every American who belongs to a church, Mr. Attorney General.
Amen to that, and ESPECIALLY Christians.
It’s a 1st amendment thing.
Really
Maybe when we see things of this nature, we need to send the violations to the Fed Attorneys for the particular area.
I think he is calling on us to wake up our governors etc with a call or notice of some kind to let them know what their BOSS wants!
Not here in California, at least some areas.
The SF Bay area has extended house arrest for another month, closed down until end of May.
They are talking about this on FOX AND FRIENDS right now.
I was very surprised by this letter, coming so soon after a promise to join litigation with amicus briefs. As so many of the restrictions are demonstrably arbitrary and the harm to potential plaintiffs so very great and often irreparable, we are likely to see some action here.
To those on this board who suggest long and drawn out investigations, that is not what this is about. Rather it is stopping a behavior from continuing. How long did it take the Left to get injunctions against PDJT policies? That was often hours. If there are good cases here, this can pay off quickly.
The thing that gives me hope is that Barr actually did take action against that Mississippi mayor who banned drive-in church.
"be on the lookout"?
"could be violating"?
Uhhhhh…..open your eyes Bagpipes. And where have you and your Dept of Injustice bureaucrats been while states and city mayors have run roughshod over the Constitution for over a month?
And thanks for nothing, once again.
I expect Barr to be as effective in this endeavor as he was in concluding that Epstein committed "suicide."
'Nothing' to indicate Epstein death was not a suicide: Attorney General William Barr
All it takes is a few demonstrations of injunctive relief to have mayors and governors looking over their shoulders.
Most of them should be looking over their shoulders, after all, there are plenty of "experts" out there.
he beats the living hell out of Eric Holder and Janet Reno.
18USC242
Are you staying under “house arrest”?
Have you changed your normal routine out of fear of being arrested/fined/jailed?
Do you fear the laws more than the minute chance of catching the virus, the smaller chance of becoming symptomatic and the nearly impossible risk of being hospitalized?
If you go about your normal business are you afraid of being arrested? You should know that you have “Constitutionally enumerated rights” (e.g., rights due solely to your existence/birth) that come into play. There is no “spin of law” or executive emergency order that can deny your those rights. Travelling about freely and peaceably cannot be considered “public nuisance” or “disturbance” without some legalistic sophistry (color of law).
This includes the 1st Amendment right to “petition the government for redress of grievances”. You may say, “Huh?” but I say, if you suspect you are being deprived of any “Constitutionally enumerated rights”, call the FBI and report a federal felony in progress; AKA, petitition the government for redress of grievances”. I have the regional FBI saved in my phone.
It looks like Barr WANTS you to exercise that right.
What would that look like, you ask? If you are prevented by the State (CHP, in your case) from utilizing your coastal summer cabin, that is considered a “taking” and is a direct violation of the 5th Amendment, even if only “temporary” (absent market value compensation from the State). By fact of ownership, you have the “enumerated right” to use and enjoy your property as you wish, within the confines of LEGISLATION to which you voluntarily agree (i.e., environmental regulations concerning such things as burning and waste/trash disposal). There are numerous other examples that can be offered, such as attending worship services (1A, “free exercise” of religion).
18USC242 provides PENALTIES for all involved of violation, right down to the individual officer who would likely use the “I was only following orders.” excuse or, the “greater public safety” canard. Rolled up into this would be the authority who enacted the order; the governor.
I’d love to see a slew of 18USC242 actions filed.
L
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