AG Garland Agrees with NCLA on Home Confinement Rule

Mark and Vec discuss how the Attorney General apparently agrees with NCLA, not his own Department of Justice (DOJ), about the home confinement rule at issue in NCLA’s lawsuit Martinez-Brooks v. Garland.

At a Senate Judiciary hearing this week, AG Garland stated that home confinement during the COVID-19 pandemic has been successful and that he is strongly in favor of continuing the program. Also, this week, NCLA filed a response on behalf of client Dianthe Martinez-Brooks to the government’s motion to dismiss her lawsuit. 

DOJ and Bureau of Prisons (BOP) have declared plans to order medically vulnerable people out of home confinement and back to prison as soon as the COVID-19 pandemic abates. In doing so, these agencies are ignoring statements from Congress, the plain language of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and the Post-sentence Administration statutes. DOJ insists it has no choice but to reincarcerate people, despite the success of home confinement placements under the CARES Act. So, unless the court accepts NCLA’s argument, Ms. Martinez-Brooks will be forced to return to prison, even though imprisoning her again serves no legitimate purpose and the CARES Act does not provide for her re-incarceration.

CPSC Shenanigans Over Annual Agenda

Mark and Vec talk about the Consumer Product Safety Commission’s (CPSC) annual agenda and how it highlights the problem with independent commissions.

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