Biden Nominates Garland as Attorney General; Capitol Breach Shakes up Congress; Updates on Minnesota Class Action, Stimulus Checks, "Solar Winds" Hack, Biden Justice Relief Initiatives.
by Derek Gilna
You may have seen that the outgoing President's "going-away party" in DC the past week got a little rowdy. Intra-family squabbles can be messy. However, for those truly paying attention, it represents the end of an era of business-as-usual in DC, despite mainstream reaction to the incident. Prisoners will benefit indirectly from the "disregard the will of the people at your peril" idea sweeping the country, and both parties agree on the need for justice reform.
However, DOJ officials arguing that the government's (mis)handling of the pandemic at Waseca did not constitute "cruel and unusual punishment" apparently did not get the "end of business as usual" message. In a 90-minute hearing on Tuesday, for which I was a "virtual spectator," the ACLU effectively demolished the DOJ's indefensible position in convincingly arguing for a Preliminary Injunction seeking broad relief. More exciting developments to come, but the litigation has only just begun.
Biden's nomination of current DC Appeals Court Judge Merrick Garland as AG was interesting, as he is an "insider," but with a keen mind, and centrist-liberal viewpoint. I wish him luck at continuing the trend to reining in rogue, self-serving Asst. US Attorneys trying to build careers via "score-settling" or overbroad prosecutions and boot-strapping possession cases (which should be handled by the states) into attention-getting distribution extravaganzas. Progress will be incremental but steady. Biden should immediately implement the broad justice reform set forth in his platform, including passing the Heroes Act, and nominating public defenders instead of prosecutors to open federal judgeships. He has pledged to appoint a federal clemency board, removing clemencies from DOJ
You may not have heard of the massive Russian intelligence breach of both public and private data banks in the so-called "Solar Winds" incident, but reports say that confidential federal (and DOJ) records were accessed. ( Maybe they found that ephemeral January, 2020 DOJ "Action Plan" to control the virus in federal prison.)
Regarding the second stimulus payment, I reiterate that if you have not received the first payment, you should file for both the first $1200 and the second $600, by utilizing the paper 1040 form on page 2. You’ll see the spot to enter the amount on line 30: "Recovery rebate credit." If you didn’t receive the correct amount in your stimulus check in 2019, you’ll make those adjustments on line 30.
COVID-19
continues its unchecked march of misery, with continued elevated counts and
deaths, and a trail of severely weakened "recovered" individuals who
face long term health challenges that will not be addressed by the prison
medical system:: Talladega, 372; Ft Dix, 739; virtually every prison still has
double-digit, and in many instances triple-digit infections, despite deliberate
DOJ undercounts.
Prisoners continue to be released, vaccine or no vaccine, so continue to marshal your medical records, and forge ahead. I predict that this issue could gain new prominence after the inauguration. However, do not neglect the possibility of relief via 2255 petitions, arguing inadequate representation of counsel, or petitions seeking relief under the First Step Act, as courts continue to reduce original sentences.
See: United States v. Hewlett, 2020
WL 7343951, at *2 (N.D.
Always seek good not evil, be not afraid, and let not your heart be troubled.
