AG Barr appears to be sending a warning to states and local governments with a memo today where he instructed his US Attorneys to start looking for violations of civil liberties and constitutional rights.
He writes…
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.
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. For example, the Constitution also forbids, in certain circumstances, discrimination against disfavored speech and undue interference with the national economy. If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.
I am therefore directing the Assistant Attorney General for Civil Rights, Eric Dreiband, and Matthew Schneider; the U.S. Attorney for the Eastern District of Michigan, to oversee and coordinate our efforts to monitor state and local policies and, if necessary, take action to correct them. They should work not only with all Department of Justice offices and other federal agencies, but with state and local officials as well.
Barr indicates at the beginning of his memo that what’s been done to stop the virus from spreading created thus far have been justified. But he says “there is no denying that they have imposed tremendous burdens on the daily lives of all Americans.”
Cleary what’s been done to stop the spread of the virus has been authoritarian in nature, but the American people have been tolerant thus far because of the crisis. It wouldn’t surprise me if some state and local governments are hoping to use this crisis as an excuse to crack down on citizens more so than normal. I believe this is what Barr is warning against. It’s kinda like when Trump tweeted a warning to Iran that their boats would be fired upon and destroyed if they continued to harass American sailors at sea. Barr is essentially doing the same thing here.
Read the full memo below:
Attorney General Barr today issued a memo on balancing #PublicSafety with the preservation of #CivilRights. Read it at https://t.co/374qRe5ZGq
— Justice Department (@TheJusticeDept) April 27, 2020