NOW: AG Merrick Garland announces that the DOJ will begin an investigation into the Phoenix Police Department, reviewing issues w. excessive force, 1A violations, discriminatory practices and more. @CourthouseNews
Protecting the rule of law means that those who enforce our laws also abide in them. - @KristenClarkeJD
It's a civil pattern/practice investigation into the city of Phoenix and the Phoenix PD.
Clarke: We have reviewed court files, media reports and citizen complaints and factors they ordinarily weigh when determining when to open a probe, that includes nature, seriousness and number of allegations and steps dept may be taking to address allegations plus dept's history
If we conclude there are no systemic violations of constitutional rights etc, they will make that known. But if it is found that there is reasonable cause to believe violations are occurring, DOJ will issue a report and then work cooperatively w/Phoenix to reach remedies.
If remedy can't be reached, DOJ is authorized to secure "an appropriate injunctive remedy," Clarke adds.
Lay translation: DOJ can lean on Phoenix to get right and it can/will throw its weight around in court if necessary.
Garland is asked if there was a 'final straw' in Phoenix. He passes to Clarke. Clarke says they looked into a # of issues, specifically looking at whether Phoenix PD uses force unconstitutionally, specifically, deadly force. Whether PD retaliates against people exercising 1A.
OOJ is also looking into how police are trained in Phoenix; how ppl experiencing homeless are treated, including the sweeps that uproot their belongings and whether that triggers 13th and 14th Amendment violations.
On eviction, Garland: "The effects of mass eviction would be devastating."
The Dept has vigorously defended the authority of the CDC and will continue to do so, he adds.
Challenges to that authority, incl. one brought yesterday, will be responded to in court.
Apologies for typos in thread. OOJ should obviously be DOJ.
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Per CSPAN at 915AM ET: Lt. Gen. Russel Honore, who led a security review of the U.S. Capitol, discusses security on Capitol Hill and the January 6th select committee’s investigation.
Six weeks, 16 members of the Capitol Security Review Task Force, a capitol security complex review that started while fencing was still up. There were still 25k NGs at the Cap when Honore arrived. documentcloud.org/documents/2103…
The CDC has extended the eviction moratorium through Oct. 3, adding it is "subject to further extension, modification, or recession based on public health circumstances." @CourthouseNews
"The order is not a rule within the meaning of the Administrative Procedure Act but rather an emergency action taken under the existing authority of CFR 70.2, the purpose of which is to enable the CDC to take swift steps to prevent contagion w/o a 2nd round of public comments"
President Biden will revive the eviction moratorium for 60 days, saying the CDC has found the authority to extend it where areas are experiencing particularly high rates of Covid-19 infection. More soon for @CourthouseNews
Biden at his remarks tonight says CDC has found legal authority to revive a version of the moratorium but effectively, they expect opposition in the courts regardless.
From the White House, as a vote to extend the eviction moratorium has stalled, President @JoeBiden calls for "all possible steps" to be taken to "immediately disburse funds" given the deadline.
Biden says "no excuse" for delay: "State and local governments began receiving Emergency Rental Assistance funding in February and were eligible for an additional $21.5 billion passed in the American Rescue Plan...
Biden: "Five months later, with localities across the nation showing that they can deliver funds effectively – there can be no excuse for any state or locality not accelerating funds to landlords and tenants that have been hurt during this pandemic."
#BREAKING: The Senate has voted to open debate on the $1.2T infrastructure bill. This is procedural, not final passage. That is for another day. More to come in a story soon for @CourthouseNews, including the final tally and explaining what the heck is going on.
The threshold of 60 votes needed was exceeded minutes ago and the current tally sits around 64-31.
Update: The Senate has voted 67-32 to open debate on the $1.2T infrastructure package.
I will have a story coming up for you tonight on the infrastructure battle that is still very much alive in the Senate. A vote tonight to open debate on the $1.2T infra. pkg is expected to pass this evening but this is just one hurdle to clear. More soon for @CourthouseNews
Some highlights of the bill: it's $1.2T over several years with $550B in new spending; $110B for roads, $65B for broadband enhancements, $47B for flood/coastal resiliency; $39B for public transit upgrades; $73B for power grid updates + funding for renewable energy/carbon cap etc.
There's $7.5B for electric vehicles, school buses, ferries and that includes LNGs, hydrogen and fuel cell investments