We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

ACLU SUES BOP OVER COVID RECORDS

The American Civil Liberties Union sued the Federal Bureau of Prisons and Centers for Disease Control and Prevention last week in District of Columbia federal court, demanding information about the government’s response to the risk of COVID-19 in detention facilities it has been seeking since last April.

The ACLU said it “seeks to uncover critical information about the federal government’s response — and lack thereof — to the coronavirus in detention facilities across the country. Based on the limited data available, it appears that the BOP has failed to prevent the spread of the coronavirus in its facilities.” It first sought BOP records relating to COVID-19 in April and sought DOJ and CDC records in July, according to the lawsuit. While the agencies acknowledged the requests, they have yet to provide the ACLU with the documents.

“Although the BOP, HHS, and other offices granted the ACLU’s request for expedited processing, that was a dead letter,” the complaint alleges, “Defendants have failed to produce any records. Meanwhile, the pandemic continues to threaten the people in federal prisons and the communities where they operate.”

That is hardly surprising. Anyone with experience seeking records under the Freedom of Information Act knows that, primarily because the Act exacts scant penalties from federal agencies that violate it. If the choice is between dedicating resources to complying with FOIA and finally turning documents over on the courthouse steps months later, guess which option the agencies will select?

Complaint, ACLU v BOP, Case No 1:20cv3031 (D.D.C., filed Oct 21, 2020)

Vice News, The Trump Administration Is Getting Sued Over COVID Exploding in Prisons (Oct 21)

Indiana Public Media, ACLU Sues Bureau of Prisons Over COVID-19 Record Keeping (Oct 22)

– Thomas L. Root