Tag: doj

Rescheduling Marijuana Does Not Address Today’s Central Cannabis Issue

The Justice Department yesterday confirmed that the Drug Enforcement Administration  (DEA) plans to move marijuana from Schedule I of the Controlled Substances Act (CSA), a list of completely prohibited drugs, to Schedule III, which includes prescription medications such as ketamine, Tylenol with codeine, and anabolic steroids. The Associated Press notes that the change, which is based on an August 2023 recommendation by the Department of Health and Human Services (HHS) that resulted from a review President Joe Biden ordered in October 2022, “would not legalize marijuana outright for recreational use.”

That is by no means the only thing rescheduling marijuana will not do. Biden wants credit for “marijuana reform,” which he hopes will help motivate young voters whose turnout could be crucial to his reelection. The announcement of the DEA’s decision seems designed to maximize its electoral impact. But voters should not be fooled: Although moving marijuana to Schedule III will facilitate medical research and provide a financial boost to the cannabis industry, it will leave federal pot prohibition essentially untouched.

Rescheduling marijuana will not resolve the conflict between the CSA and the laws of the 38 states that recognize cannabis as a medicine, 24 of which also allow recreational use. State-licensed marijuana businesses will remain criminal enterprises under federal law, exposing them to the risk of prosecution and forfeiture. While an annually renewed spending rider protects medical marijuana suppliers from those risks, prosecutorial discretion is the only thing that protects businesses serving the recreational market.

Even if they have state licenses, marijuana suppliers will be in the same legal position as anyone who sells a Schedule III drug without federal permission. Unauthorized distribution is punishable by up to 10 years in prison for a first offense and up to 20 years for subsequent offenses. That is less severe than the current federal penalties for growing or distributing marijuana, which include five-year, 10-year, and 20-year mandatory minimum sentences, depending on the number of plants or amount of marijuana. But distributing cannabis, with or without state permission, will remain a felony.

That reality suggests that banks will remain leery of providing financial services to state-licensed marijuana suppliers, which entails a risk of potentially devastating criminal, civil, and regulatory penalties. The dearth of financial services has forced many cannabis suppliers to rely heavily on cash, which is cumbersome and exposes them to a heightened risk of robbery. It also makes investment in business expansion difficult.

Although federal arrests for simple marijuana possession are rare, cannabis consumers likewise will still be committing crimes, even if they live in states that have legalized marijuana. Under 21 USC 844, possessing a controlled substance without a prescription is a misdemeanor punishable by a minimum $1,000 fine and up to a year in jail. Moving marijuana to Schedule III will not change that law, which only Congress can do. Nor did President Joe Biden’s mass pardons for people convicted of simple marijuana possession under that statute, which apply only retrospectively, “decriminalize the use of cannabis,” as he promised to do during his 2020 campaign.

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Federal Agency Had ‘Pallets’ Of Documents Sent To Mar-A-Lago One Year Before DOJ Raid

A federal agency worked with the Trump transition team to send two pallets of “document boxes” relating to former President Donald Trump’s presidency to his Mar-a-Lago home — one year before Special Counsel Jack Smith then raided the residence to look for classified documents.

Smith indicted Trump in June of 2023 for allegedly mishandling classified documents, one year after armed federal agents raided Mar-a-Lago in search of such documents.

The General Services Administration (GSA) was in talks with Trump’s team both during and after his term regarding “pallets” of items from the president’s tenure, emails show. The GSA informed Trump’s transition team that there were six pallets that needed to be transferred from Virginia to Florida.

Of the six pallets, two were designated to be sent to Mar-a-Lago and four to a West Palm Beach storage unit, according to emails. The two pallets to be delivered to Mar-a-Lago from an Arlington, Virginia facility contained “document boxes,” according to an email previewing the shipping charges.

“I understand that we are ready to ship,” read an email sent Aug. 26, 2021 by Kathy Geisler, the director of the Office of Portfolio Management and Real Estate’s Program Execution Division, that included Trump aide Beau Harrison as a recipient. “I know that originally we had 3 pallets going to the storage unit — that is now 4 pallets going to the storage unit. 2 Pallets will go to Mar-a-Lago.”

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DOJ Continues To Refuse Handing Over Audio Recording Of Special Counsel’s Interview With Biden

The Department of Justice (DOJ) stands its ground on its refusal to surrender the audio recording of Special Counsel Robert Hur’s interview with President Joe Biden to the House Oversight Committee.

Reps. Jim Jordan (R-Ohio) and James Comer (R-Ky.), chairmen of the House Judiciary and Oversight Accountability committees, warned Attorney General Merrick Garland that he would hold him in contempt of Congress unless he handed over the recording of Mr. Hur’s interview stemming from a probe into President Biden’s alleged mishandling of classified information.

In the letter, signed on April 25, Assistant Attorney General Carlos Felipe Uriarte told Mr. Jordan and Mr. Comer that despite the committees’ threats of contempt proceedings, the DOJ has adequately responded and sees no reason to give the audio to the committees.

“We have repeatedly invited the Committees to identify how these audio recordings from law enforcement files would serve the purposes for which you say you want them,” the letter stated.

“We have also repeatedly urged the Committees to avoid unnecessary conflict and to respect the public interest in the Department’s ability to conduct effective investigations by protecting sensitive law enforcement files.”

Mr. Uriarte said the DOJ has already complied with the committees’ request by providing Mr. Hur’s report and testimony in addition to transcripts of the interview.

“This is consistent with our strong record of cooperation this Congress,” Mr. Uriarte said.

The committees have failed to articulate “a legitimate congressional need” for the audio recordings, which Mr. Uriarte said the DOJ is withholding to protect “the confidentiality of law enforcement files.”

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DOJ Releases Shocking Report on Widespread COVID-19 Fraud During Pandemic — Over $400 Billion Stolen or Misused

The COVID-19 pandemic, which placed unprecedented demands on federal financial assistance programs, also presented ripe opportunities for fraudsters and swindlers to exploit the system.

A report released by the Department of Justice (DOJ) COVID-19 Fraud Enforcement Task Force uncovered a shocking scope of fraud during the pandemic, with over $400 billion in emergency funding either stolen or misappropriated.

According to the report, fraudulent claims and schemes targeted various pandemic relief efforts, including unemployment insurance benefits, Paycheck Protection Program (PPP) loans, and Economic Injury Disaster Loans (EIDLs), among others.

These included fraudulent claims filed using stolen identities, inflated payroll expenses, doctored bank statements, and false tax forms.

The report reveals that fraudsters and swindlers may have stolen upwards of $280 billion in emergency funding, with an additional $123 billion lost or misappropriated, totaling more than $400 billion in funds intended to aid Americans during one of the most challenging times in recent history, The Politics Brief reported.

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DOJ Refuses to Provide House GOP Audio of Biden’s Interview With Special Counsel Hur

The Department of Justice (DOJ) says it will not provide audio tapes of President Joe Biden’s interview with Special Counsel Robert Hur, which was subpoenaed by the House GOP.

In a letter to the House Oversight Committee and House Judiciary Committee on April 8, Assistant Attorney General Carlos Felipe Uriarte lamented that despite the department cooperating with the committees’ Feb. 27 subpoenas, “the committees have responded with escalation and threats of criminal contempt.”

“We urge the committees to avoid conflict rather than seek it,” he added. “It is not too late for the committees to choose a different path, to take an offramp towards the ’spirit of dynamic compromise’ that the Constitution requires of us both.”

The “spirit of dynamic compromise” quote comes from a federal court case.

The Feb. 27 subpoena was for notes, audio files, video, and transcripts of Mr. Hur’s probe. The committees set a deadline of March 7, according to a copy of the subpoena obtained by The Epoch Times.

“Americans expect equal justice under the law and DOJ is allowing the Bidens to operate above it,” said House Oversight Committee Chairman James Comer (R-Ky.) in a statement. “Special Counsel Hur’s report outlined that classified documents Joe Biden stashed for years relate to countries where his family cashed in on the Biden brand.”

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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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