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| In Pandemic, Justice Dept. Seeks Video Court Hearings and Home Detention | In Pandemic, Justice Dept. Seeks Video Court Hearings and Home Detention |
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| WASHINGTON — Invoking the coronavirus crisis, the Justice Department has asked Congress to let more federal inmates serve their time at home and to steer scarce masks and testing kits to federal prisons ahead of other agencies, according to draft legislation submitted last week to congressional leaders. | WASHINGTON — Invoking the coronavirus crisis, the Justice Department has asked Congress to let more federal inmates serve their time at home and to steer scarce masks and testing kits to federal prisons ahead of other agencies, according to draft legislation submitted last week to congressional leaders. |
| The department has also asked Congress to relax speedy trial rules and expand opportunities for law enforcement officials to use video conferencing for certain preliminary federal criminal and detention proceedings, like arraignments for newly arrested people. | The department has also asked Congress to relax speedy trial rules and expand opportunities for law enforcement officials to use video conferencing for certain preliminary federal criminal and detention proceedings, like arraignments for newly arrested people. |
| “Authorizing the general use of teleconferencing for these preliminary proceedings would ensure that defendants are able to access courts shortly after their arrest,” the Justice Department wrote. “It also would limit any disruptions caused by the coronavirus.” | “Authorizing the general use of teleconferencing for these preliminary proceedings would ensure that defendants are able to access courts shortly after their arrest,” the Justice Department wrote. “It also would limit any disruptions caused by the coronavirus.” |
| Those proposals are among a handful that the Trump administration has told congressional leaders that it is making a priority — and that lawmakers of both parties are considering enacting — after both Republicans and Democrats reacted skeptically to more sweeping ideas in the proposal, according to congressional aides. | Those proposals are among a handful that the Trump administration has told congressional leaders that it is making a priority — and that lawmakers of both parties are considering enacting — after both Republicans and Democrats reacted skeptically to more sweeping ideas in the proposal, according to congressional aides. |
| Those ideas that appear to be dead on arrival included a plan to empower President Trump or his successors to eliminate legal protections for asylum seekers. That would amount to a permanent change to immigration law that would require no finding of any connection to a public health risk. | Those ideas that appear to be dead on arrival included a plan to empower President Trump or his successors to eliminate legal protections for asylum seekers. That would amount to a permanent change to immigration law that would require no finding of any connection to a public health risk. |
| It is not clear what Congress will do with the proposals, several of which Politico first reported. As the Senate fights over a nearly $2 trillion stimulus package, some of the Justice Department’s ideas could end up attached to it, one congressional aide said, while another said that none of the proposals were likely to be part of the current round of legislation. | It is not clear what Congress will do with the proposals, several of which Politico first reported. As the Senate fights over a nearly $2 trillion stimulus package, some of the Justice Department’s ideas could end up attached to it, one congressional aide said, while another said that none of the proposals were likely to be part of the current round of legislation. |
| But the pandemic is growing worse, and history has shown that Congress can sometimes rush to enact sudden and major expansions of government power during a crisis as lawmakers feel pressure to show they are responding, as when it abruptly passed the USA Patriot Act after the Sept. 11, 2001, attacks. | But the pandemic is growing worse, and history has shown that Congress can sometimes rush to enact sudden and major expansions of government power during a crisis as lawmakers feel pressure to show they are responding, as when it abruptly passed the USA Patriot Act after the Sept. 11, 2001, attacks. |
| Another part of the Justice Department’s proposal calls for empowering Chief Justice John G. Roberts Jr. to pause the statute of limitations during a national emergency, and similarly permitting chief judges of district courts to suspend deadlines for “pre-arrest, post-arrest, pretrial, trial and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings.” | Another part of the Justice Department’s proposal calls for empowering Chief Justice John G. Roberts Jr. to pause the statute of limitations during a national emergency, and similarly permitting chief judges of district courts to suspend deadlines for “pre-arrest, post-arrest, pretrial, trial and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings.” |
| But lawmakers of both parties greeted with skepticism the notion of extended detentions without judicial process even if the court system was disrupted, according to congressional aides briefed on the negotiations. | But lawmakers of both parties greeted with skepticism the notion of extended detentions without judicial process even if the court system was disrupted, according to congressional aides briefed on the negotiations. |
| Still, one aide said, lawmakers are considering easing some of the requirements of the Speedy Trial Act — which generally lets defendants demand a trial within 70 days of arraignment — if the coronavirus pandemic makes it impossible to hold in-person trials for a while, including by sequestering 12 jurors in the same room for deliberations. | Still, one aide said, lawmakers are considering easing some of the requirements of the Speedy Trial Act — which generally lets defendants demand a trial within 70 days of arraignment — if the coronavirus pandemic makes it impossible to hold in-person trials for a while, including by sequestering 12 jurors in the same room for deliberations. |
| Lawmakers are also said to be open to another part of the Justice Department proposal for the Bureau of Prisons. It would give the bureau the power to expand the use of home confinement — now capped at 10 percent of an inmate’s term or six months — and prioritize steering masks and testing kits to federal prisons. | Lawmakers are also said to be open to another part of the Justice Department proposal for the Bureau of Prisons. It would give the bureau the power to expand the use of home confinement — now capped at 10 percent of an inmate’s term or six months — and prioritize steering masks and testing kits to federal prisons. |
| Federal prisons officials are confronting the nationwide shortage of masks and other personal protective equipment for medical personnel, the department wrote, labeling the shortfall a “vulnerability” as it seeks preferential status. | Federal prisons officials are confronting the nationwide shortage of masks and other personal protective equipment for medical personnel, the department wrote, labeling the shortfall a “vulnerability” as it seeks preferential status. |
| “B.O.P. is currently competing and engaging the same landscape of vendors as all other federal agencies and private entities,” the proposal said. | “B.O.P. is currently competing and engaging the same landscape of vendors as all other federal agencies and private entities,” the proposal said. |
| The Justice Department’s spokeswoman, Kerri Kupec, said on Twitter on Sunday in response to the Politico report that the proposal was prompted by a congressional request for suggestions and that department officials were seeking to empower judges, not the executive branch. | The Justice Department’s spokeswoman, Kerri Kupec, said on Twitter on Sunday in response to the Politico report that the proposal was prompted by a congressional request for suggestions and that department officials were seeking to empower judges, not the executive branch. |
| “Bottom line: The proposed legislative text confers powers upon judges,” she wrote. “It does not confer new powers upon the executive branch. These provisions are designed to empower the courts to ensure the fair and effective administration of justice.” | “Bottom line: The proposed legislative text confers powers upon judges,” she wrote. “It does not confer new powers upon the executive branch. These provisions are designed to empower the courts to ensure the fair and effective administration of justice.” |
| However, two congressional aides said they were unaware of any request from Congress going to the Justice Department, and understood that the department itself had decided on its own to ask all of its components for ideas and sent them over. | However, two congressional aides said they were unaware of any request from Congress going to the Justice Department, and understood that the department itself had decided on its own to ask all of its components for ideas and sent them over. |
| Justice Department representatives did not respond to follow-up questions about who asked the department to come up with ideas for new laws because of the pandemic, nor about the justifications for the request to confer new powers on the executive branch over asylum matters, which her statement did not address. | Justice Department representatives did not respond to follow-up questions about who asked the department to come up with ideas for new laws because of the pandemic, nor about the justifications for the request to confer new powers on the executive branch over asylum matters, which her statement did not address. |
| Updated June 16, 2020 | |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
| States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
| The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
| Under that part of the draft legislation — said to be quickly dismissed by lawmakers — presidents could exempt immigrants from eligibility to apply for asylum and from a domestic legal rule forbidding the federal government from sending them home to countries where they are likely to face persecution, which is also a requirement of international law. | Under that part of the draft legislation — said to be quickly dismissed by lawmakers — presidents could exempt immigrants from eligibility to apply for asylum and from a domestic legal rule forbidding the federal government from sending them home to countries where they are likely to face persecution, which is also a requirement of international law. |
| The proposal would eliminate those legal protections not only for migrants found to be infected with the coronavirus or other communicable diseases of “public health significance,” but also to any others who are separately “subject to a presidential proclamation suspending and limiting the entry of aliens into the United States.” | The proposal would eliminate those legal protections not only for migrants found to be infected with the coronavirus or other communicable diseases of “public health significance,” but also to any others who are separately “subject to a presidential proclamation suspending and limiting the entry of aliens into the United States.” |
| The Trump administration has been trying to curb asylum claims at the southwestern border for the past three years, and last week it developed plans to use the pandemic to shut down that process under the president’s existing authority — a move that is certain to face legal challenge. | The Trump administration has been trying to curb asylum claims at the southwestern border for the past three years, and last week it developed plans to use the pandemic to shut down that process under the president’s existing authority — a move that is certain to face legal challenge. |
| The proposal to expand Mr. Trump’s powers over asylum law would be a “really dangerous weapon” to put in his hands, placing at greater risk people who come to the United States seeking protection, said Omar Jadwat, the director of the American Civil Liberties Union’s Immigrants’ Rights Project. | The proposal to expand Mr. Trump’s powers over asylum law would be a “really dangerous weapon” to put in his hands, placing at greater risk people who come to the United States seeking protection, said Omar Jadwat, the director of the American Civil Liberties Union’s Immigrants’ Rights Project. |
| “I am glad people are on the ball enough to see the danger here,” he said. | “I am glad people are on the ball enough to see the danger here,” he said. |