Our Attorney General submitted a proposal last week that would dramatically erode our civil liberties. Among other things, the proposal suspends habeas corpus ... or the right to appear before a judge before being detained. That right is enshrined in our Constitution and without it, Barr could hold Americans indefinitely without a trial. Our justice system is grounded in an unwavering guarantee that each one of us is entitled to certain inalienable rights, including the right to due process before one's freedom is taken away. On March 13, the President declared a national emergency, which unlocked special powers to keep our country safe. Congress has enacted roughly 120 laws that allow presidents such powers to meet precisely these types of threats while maintaining our democracy. These laws are not without limits. Nor were they meant to be used to capitalize on fear to unnecessarily erode our freedoms. Yet while the world is consumed by this pandemic and when he thought no one was watching, Attorney General William Barr proposed granting himself immense, permanent powers extending far past the needs posed by this threat. For example, the proposal grants Barr personally the power to ask any chief judge to hold a citizen, whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation." If this were about COVID-19, the proposal would suspend only certain rights narrowly tailored to fighting this disease.
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