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ATTORNEY GENERAL TO CONGRESS: ‘DROP DEAD’
Jerry Seinfeld popularized the formerly-obscure anti-holiday Festivus, which included “The Airing of Grievances,” an event which immediately follows the festival feast. Attorney General William Barr effectively announced last week that for the House Judiciary Committee, Festivus came early this year.
On September 21, the Justice Department declined a congressional oversight committee’s request to hear from various DOJ officials, including BOP Director Michael Carvajal to discuss the BOP’s COVID-19 response. The reason? The Department has accusing Democrats of having “squandered” their opportunity to get relevant information from Attorney General William Barr this summer by instead using their time to “air grievances” instead of ask questions.
The House Judiciary Committee had asked that Eric S. Dreiband, the head of DOJ’s Civil Rights Division, appear this month to discuss the division, and that Carvajal and Donald Washington, the director of the U.S. Marshals Service, appear for an oversight hearing on Oct. 1.
Barr told Committee Chairman Jerrold Nadler (D-New York) that in July, Barr had been advised that he could be asked about police misconduct, voting rights, the coronavirus and federal prisons, and the civil unrest this spring and summer. But, Barr complained, when he appeared before the committee in July to discuss those issues, but Democrats were more interested in “scolding and insulting” him.
“Having squandered its opportunity to conduct a meaningful oversight hearing with the attorney general,” the letter said, “it remains unclear how further public spectacles with other department officials would now — a mere 14 legislative days since the attorney general’s hearing — advance the committee’s legitimate oversight efforts.”
Democrats and their allies argued after the hearing that Mr. Barr would not have answered their questions in good faith had they let him respond, and that he would have filibustered and wasted the time. Better, they said, to use the time to air their grievances.
DOJ argued to Nadler that this did “preciously little to advance any legitimate interest” because the committee as a result of this tactic learned no new information.
Meanwhile, several members of Congress from Virginia demanded answers from the BOP about prison conditions amid the pandemic. Senators Mark Warner (D) and Tim Kaine (R), along with Rep Morgan Griffith (R) are among those behind a letter sent last Tuesday to Director Carvajal.
The lawmakers are disturbed at reports of a lack of personal protective equipment and diminished quality of life for the incarcerated at USP Lee and FCC Petersburg. The letter said at least one prisoner who tested positive for COVID-19 was transferred to USP Lee, which they fear could cause a coronavirus outbreak in Lee County. The letter also alleges Petersburg inmates are being denied showers and workers continue to be denied lunch breaks.
Carvajal responded Wednesday, claiming in a letter that both FCI Petersburg and USP Lee have “ample supplies of Personal Protective Equipment (PPE)” that includes face coverings, N95 respirators, gowns and gloves, and other sanitation equipment. The letter did not cite specific numbers.
“Indeed, the Bureau has ensured that all institutions nationwide have ample quantities of PPE, and has also established strategic stockpiles in each of our six regions where PPE can be drop-shipped within one day to any institution that might need additional supplies,” Carvajal wrote in the letter, a copy of which was provided to The Progress-Index.
The Virginia delegation lawmakers also wrote to the DOJ inspector general last Friday, asking that the IG include USP Lee and FCC Petersburg in its remote inspection list. “Our offices have received numerous reports from employees and families of incarcerated individuals regarding the spread of COVID-19 and allegations of deteriorating health and safety conditions within both facilities,” the letter said. “These concerns have been raised multiple times by several of our offices with BOP, and we remain deeply troubled by conditions at the two Virginia correctional facilities,” wrote the lawmakers… Many of our offices have received reports that – despite denials from BOP – cases are increasing and inadequate steps have been taken to limit transmission at this facility.”
In their letter, the lawmakers also note that they have received disturbing reports of diminished quality of life for inmates because of the COVID-19 lockdowns, including reports of spoiled food and reduced access to recreation, education, and other essential facilities.
The New York Times, Justice Dept. Denies House Panel’s Request for Officials to Appear After Combative Barr Hearing (September 22, 2020)
Letter from DOJ to Chairman Jerrold Nadler (September 21, 2020)
WCYB-TV, Bristol, Virginia, Federal lawmakers demand answers on COVID-19 conditions in Virginia prisons (September 23, 2020)
Petersburg, Virginia, Progress-Index, Director refutes claims by lawmakers about inadequate PPE at Petersburg federal prison (September 23, 2020)
Augusta Free Press, Virginia leaders urge DOJ to include Virginia correctional facilities in remote inspections (September 26, 2020)
– Thomas L. Root