Tag: doj

Justice Department Launches the National Extreme Risk Protection Order Resource Center

The Justice Department launched the National Extreme Risk Protection Order (ERPO) Resource Center (the Center) which  will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others.

“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” said Attorney General Merrick B. Garland. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”

ERPO laws, which are modeled off domestic violence protection orders, create a civil process allowing law enforcement, family members (in most states), and medical professionals or other groups (in some states) to petition a court to temporarily prohibit someone at risk of harming themselves or others from purchasing and possessing firearms for the duration of the order.

In 2023, the Justice Department’s Office of Justice Programs (OJP) awarded $238 million to states, territories, and the District of Columbia under the Byrne State Crisis Intervention Program (SCIP), which was created by the Bipartisan Safer Communities Act and is designed to help jurisdictions implement crisis intervention strategies, including ERPO programs. In addition, OJP awarded $4 million to support training and technical assistance under Byrne SCIP, including $2 million that was awarded to the Johns Hopkins Center for Gun Violence Solutions to establish the ERPO Resource Center. In collaboration with OJP’s Bureau of Justice Assistance (BJA), the Center will support states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers in their efforts to implement ERPO programs to fit local needs, share resources and promising practices with the field, and help ensure that funding received through Byrne SCIP is effectively utilized.

“Supporting our law enforcement and community partners in curbing the scourge of gun violence is more critical than ever,” said Acting Associate Attorney General Benjamin C. Mizer. “In addition to other resources leveraged across the Justice Department, this Center will provide communities with new tools and technical assistance to help them implement effective crisis intervention strategies and reduce gun violence.”

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ATF Agent Stops Gun Sale Over Marijuana Odor And DOJ Argues Cannabis Consumers Don’t Have 2nd Amendment Rights 

Second Amendment advocates are criticizing a pair of recent developments around marijuana and firearms—issues they say underscore the need for further reform.

Last month during a routine audit of a gun dealer, a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigator reportedly ordered the store to stop the sale of a pistol because the investigator claimed the would-be buyer smelled of marijuana.

“I wasn’t high,” the prospective buyer told the Second Amendment Foundation, according to the outlet Ammoland, which referred to the individual only as Daniel. “None of this makes any sense to me.”

Daniel had already filed federal paperwork saying he was eligible to own a firearm and had passed a background check for the handgun, according to the report. When he went to pick it up at a Plant City, Florida store, however, the ATF industry operations investigator reportedly halted the sale.

ATF spokesman Jason Medina acknowledged that the smell of marijuana could have been from exposure to second-hand smoke and not an indication that the gun buyer himself had consumed cannabis.

“That’s true,” Medina told Ammoland.

Meanwhile in a federal appeals court case, the Department of Justice argued in a filing earlier this month that marijuana users “are more likely than ordinary citizens to misuse firearms,” likening them to “the mentally ill” as well as “infants, idiots, lunatics, and felons.”

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Utah corrections department discriminated against transgender woman, DOJ says

The Utah Department of Corrections violated the Americans with Disabilities Act (ADA) when it failed to provide a transgender woman with her hormone therapy, the Justice Department said Tuesday.

The state corrections department discriminated against the woman, who is not named in court documents, by denying her equal access to health care services, imposing “unnecessary barriers” to treatment for gender dysphoria and failing to grant her requests for reasonable accommodations, including allowing her to purchase female clothing and makeup at the commissary, a federal investigation found.

Utah’s corrections department also “unnecessarily delayed” the woman’s treatment for her gender dysphoria, a condition with which she had “for many years” before entering the department’s custody in 2021, according to the Department of Justice’s (DOJ) findings.

The woman’s psychological distress worsened while she was incarcerated in a men’s prison, federal investigators said, and a health care provider contracted by the state corrections department formally diagnosed her with gender dysphoria — a state of severe distress that stems from a mismatch between a person’s gender identity and sex assigned at birth.

Unlike other requests for medical care, which are typically directed to the state corrections department’s medical staff, a request for treatment for gender dysphoria is sent to the department’s gender dysphoria committee, which federal investigators described as the “gatekeeper” of care.

The committee during the woman’s incarceration included members who demonstrated “overt bias” against transgender individuals seeking care and expressed reluctance to prescribe treatment for gender dysphoria, including hormone therapy, the Justice Department said.

“Complainant’s access to medically necessary care for her disability was unnecessarily delayed due to [the Utah Corrections Department’s] biased and prolonged approval process,” DOJ Disability Rights Chief Rebecca Bond wrote Tuesday in a letter to Brian Redd, executive director of Utah’s corrections department.

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House Judiciary Committee Opens Investigation into DOJ’s Arrest and Persecution of Journalist Steve Baker and J6 Political Prisoners

Independent journalist Breanna Morello announced on Tuesday that the House Judiciary Committee is launching an investigation into the DOJ’s selective prosecution of The Blaze journalist Steve Baker and other January 6 defendants.

In a letter sent by Chairman Jim Jordan to U.S. Attorney for the District of Columbia Matthew Graves, Jordan is asking for internal documents and communications related to Baker and J6 defendants.

Chairman Jordan is also calling out the DOJ for targeting Baker while ignoring other journalists that were inside the US Capitol that day.

Breanna Morello reported this on X – via Emerald Robinson.

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Republican Warns of Biden Order Allowing Illegal Immigrants, Felons to Vote

A Republican secretary of state sent a letter this week to the Department of Justice (DOJ) alerting it to an executive order signed in 2021 that he says will allow felons and illegal aliens to register to vote in elections.

In the letter to Attorney General Merrick Garland, Republican Mississippi Secretary of State Michael Watson wrote that a Biden-signed executive order has led to agencies under Mr. Garland’s charge “attempting to register people to vote, including potentially ineligible felons and to co-opt state and local officials into accomplishing this goal.”

The order, which the White House described as an effort to promote “access to voting,” suggested that it was designed to eliminate racial discrimination at the polls. It told federal agencies, including the DOJ, to “consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process.”

Mr. Watson took issue with one provision that directed the DOJ to ensure that the U.S. Marshals Service change jail and “intergovernmental agreements” to mandate that the facilities “provide educational materials related to voter registration and voting,” and “facilitate voting by mail, to the extent practicable and appropriate.”

The problem, according to Mr. Watson, is that those materials may be given to people who can’t vote such as felons and illegal aliens. State officials are also essentially being forced to comply with the rules, he said.

“Our understanding is that everyone in the Marshals’ custody is given a form advising them of their right to register and vote,” his letter said, according to Fox News. “Providing ineligible non-citizens with information on how to register to vote undoubtedly encourages them to illegally register to vote, exposing them to legal jeopardy beyond their immigration status.”

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Justice Department Finds Unconstitutional Conditions in 3 More Mississippi Prisons

A report released today by the Justice Department’s Civil Rights Division found that three Mississippi prisons fail to protect incarcerated people from rampant violence and sexual assault, and place hundreds of people in solitary confinement “for prolonged periods in appalling conditions.”

Federal investigators concluded that severe understaffing, unchecked gang violence, unsanitary living conditions, and the use of extreme isolation violated the 8th and 14th Amendment rights of inmates.

The Justice Department launched an investigation into the Mississippi prison system in 2020 following a string of gruesome deaths and years of deteriorating conditions. In 2022, the Justice Department released a report describing barbaric conditions at Mississippi State Penitentiary, more infamously known as Parchman Farm. 

Assistant Attorney General Kristen Clarke said in a press conference that today’s report shows that constitutional violations inside the Mississippi Department of Corrections (MDOC) are “systemic and longstanding.”

“Our investigation uncovered chronic, systemic deficiencies that create and perpetuate violent and unsafe environments for people incarcerated at these three Mississippi facilities,” Clarke said. “The unconstitutional conditions in Mississippi’s prisons have existed for far too long, and we hope that this announcement marks a turning point towards implementing sound, evidence-based solutions to these entrenched problems.”

The MDOC is the latest corrections system to come under federal scrutiny for barbaric conditions. The Justice Department sued Alabama in 2020 for ignoring multiple warnings that its gore-soaked prison system violated the Constitution. Last year, the Justice Department announced an investigation into the Fulton County Jail in Georgia, where a schizophrenic man died covered in bedbugs, lice, and lesions.

But the problems in Mississippi have been profound. All three of the Mississippi prisons the Justice Department toured had 30 to 50 percent staff vacancy rates, leaving housing units with hundreds of people largely unsupervised. Emergency responses were often tardy and ineffective.

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Biden DOJ Indicts Journalist for Tucker Carlson Leaks

A Florida journalist who accessed and made public unaired video footage of an interview that former Fox News host Tucker Carlson conducted with the rapper Ye was arrested this week and hit with more than a dozen federal charges stemming in part from the disclosure, raising immediate concerns from press freedom advocates.

Timothy Burke, a Tampa-based media consultant and former Daily Beast staffer, obtained and disseminated clips of the 2022 Ye interview — during which the rapper formerly known as Kanye West made antisemitic remarks that were edited out of the final version — as well as behind-the-scenes footage of Carlson, who left Fox last year.

The 26-page indictment against Burke, revealed on Thursday, accuses him of “utilizing compromised credentials to gain unauthorized access to protected computers” and “scouring those protected computers for electronic items and information,” among other alleged crimes.

Though the indictment doesn’t explicitly mention Fox or Carlson, the Tampa Bay Times reported that it says Burke “accessed a video stream of an interview featuring a show host for a ‘multinational media company based in New York City’ on Oct. 6, 2022 — the same day Carlson’s interview with West aired.”

Burke and his legal team have denied any wrongdoing and rejected claims that Fox was “hacked,” maintaining that he accessed the video footage using information “publicly posted to the internet.”

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Justice Department Researcher Says ‘We May Need Better Tests’ For Marijuana Impairment, Questioning ‘Per Se’ THC Limits For Driving

A Justice Department research says states may need to “get away from that idea” that marijuana impairment can be tested based on the concentration of THC in a person’s system.

Frances Scott, a physical scientist at the National Institute of Justice (NIJ) Office of Investigative and Forensic Sciences under DOJ, discussed the challenges of cannabis impairment testing in an episode of the Justice Today podcast that was posted late last month.

Scott questioned the efficacy of setting “per se” THC limits for driving that some states have enacted, making it so a person can be charged with driving while impaired based on the concentration of cannabis components in their system. Ultimately, there may not be a way to assess impairment from THC like we do for alcohol, she said.

One complication, Scott said, is that “if you have chronic users versus infrequent users, they have very different concentrations correlated to different effects.”

“So the same effect level, if you will, will be correlated with a very different concentration of THC in the blood of a chronic user versus an infrequent user,” she said.

That issue was also examined in a recent federally funded study that identified two different methods of more accurately testing for recent THC use that accounts for the fact that metabolites of the cannabinoid can stay present in a person’s system for weeks or months after consumption.

“The problem is we’ve funded this research that pretty conclusively shows that the THC concentration in the blood is not particularly well-correlated with impairment for driving,” Scott said. “One of the outstanding questions is trying to figure out, is there a good proxy, a good metric, that we can use?”

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Republicans ask why 9 boxes of Biden records were omitted in Special Counsel report

Department of Justice (DOJ) Special Counsel Robert Hur’s report on President Biden’s mishandling of classified documents omitted nine boxes of potentially classified records, according to Sens. Chuck Grassley (R-Iowa) and Ron Johnson (R-Wisconsin).

The senators made the existence of the records public after the National Archives and Records Administration (NARA) responded to their oversight queries. NARA reportedly confirming that, at DOJ’s urging, it retrieved the 9 boxes out of concern for the sensitivity of their contents.

NARA further acknowledged to the senators that the FBI had reviewed the contents of the boxes. But it is unclear if NARA or the FBI shared their findings with Hur.   

Grassley and Johnson are pressing Attorney General Merrick Garland, FBI Director Christopher Wray and Hur on this “significant factual omission.”

Specifically, the senators are asking for a description of the boxes’ contents and an explanation of what the agencies did with them.  “…[W]e publicly revealed last year that NARA had retrieved nine boxes of Biden records from the Boston office of Patrick Moore, one of Biden’s personal counsels,” the senators wrote.

“Oddly, Special Counsel Hur’s report did not mention NARA’s retrieval of the nine boxes from Mr. Moore’s office… [I]t is unclear if Special Counsel Hur had any awareness of or reviewed the information contained in these nine boxes.” “DOJ, FBI, and the Special Counsel’s office owe Congress and the American people a complete explanation regarding this apparent omission in Special Counsel Hur’s report, a detailed description of the contents of the nine boxes, and what was done with them,” the senators concluded. 

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Democrat Cori Bush under DOJ investigation for misuse of security funds

The Justice Department is investigating Rep. Cori Bush (D-MO) for possible misuse of funds surrounding her personal security.

Punchbowl News’ Jake Sherman released the news Tuesday, citing six sources familiar with the investigation. Thus far, the DOJ has subpoenaed the House Sergeant at Arms for records about the funds being spent, Sherman reported.

The allegations date back to 2021 when Bush was accused of hypocrisy after making defund the police demands while spending nearly $70,000 on private security in the wake of the Jan. 6 attacks.

“You would rather me die? Is that what you want to see? You want to see me die? You know, because that could be the alternative,” she responded.

CNN reported a ruling from the Federal Elections Commission in March 2021, which said that campaign funds could be spent on such services. There were approximately two dozen lawmakers who spent more than $1,000 on personal security after the attacks on the Capitol.

But Bush spent more than any other lawmaker, the FEC reports cited by CBS News showed. She was also accused of hiring her then-boyfriend, now husband, to provide the security, raising ethical concerns.

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