Little-noticed language in the CARES Act permits an expansion of federal courts’ authority to use audio and video conferencing for criminal cases during the current pandemic
added on TwitterThe chilly response from members of both parties led Attorney General William Barr to declare that his department’s proposals had been misunderstood. He said prosecutors were not seeking authority to hold prisoners without trial or appearance in court.Barr insisted that the Justice Department wasn’t seeking to aggrandize itself, but to give judges authority to cope with emergency conditions. “Individual judges will decide this and not the Department of Justice,” he told Fox.
Congress also passed up a Justice Department recommendation to allow individuals under arrest to be held indefinitely without a hearing when a judge finds that “a natural disaster, civil disobedience or other emergency situation” is impairing court operations. That allows chief judges in the 94 federal judicial districts to issue orders allowing hearings via video or audio conferencing in criminal cases. Many judges haveThe statement from the federal courts’ administrative office also said that on Sunday the executive committee of the judicial conference “approved a temporary exception” to the ban on camera and broadcast coverage of most federal court proceedings.
However, one transparency advocate said setting up virtual hearings would not be a boon unless there is a way for the media or public to tune in. The early-release measure will kick in following a finding by Barr that the coronavirus outbreak is materially affecting federal Bureau of Prisons operations. Barr issued a directive last week, urging prison officials to consider more use of home confinement, but his memo preceded passage of the legislation.
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