Are Fauci, Redfield and other civil servants actually doing the job as mandated by legislation to the CDC? That is, are they providing clear guidance as to the steps necessary to be taken to address a serious threat to public health? If they are issuing such guidance, and it is being suppressed by political appointees of Trump, is this comparable to what happened in Flint, Michigan, and if so, can criminal charges be brought against those found responsible for the deaths and injuries caused by their actions?
Was Senator Murphy speaking descriptively when he used the term “criminally vague” or was he actually sending a warning there will be investigations of criminal behavior?
Senator Murphy at the hearings yesterday to Fauci and Redfield:
“I think you’re all noble public servants, but I worry that you’re trying to have it both ways. You say states should not open too early, but then, you don’t give us the resources to succeed. You work for a president who is, frankly, undermining our efforts to comply with the guidance that you have given us. And then, the guidance that you provided is criminally vague.”
After the Flint Michigan episode of lead in the drinking water, government officials came under investigation and are still being investigated for criminal negligence and other crimes. While that incident is still not settled due to Republican misconduct while in office and obstructing the Democrats in the Michigan government as much as possible now, investigations and charges are supposedly pending in the cases against both civil servants and political figures.
Also, if Trump can permit China to be sued in civil court for alleged damages from COVID-19, and if the Obama administration sued and won considerable civil damages from banks and rating agencies after the 2008 Great Recession, can Congress and a President Biden make legislation allowing civil suits for damages against Fox News and other figures who have deliberately, for profit, undermined quarantine measures and fomented protests and actual murders and attacks on those trying to enforce measures such as wearing masks in stores and offices? Can criminal charges be brought for, as it were, yelling fire in a crowded theater (fomenting behavior that spread the virus and endangered or killed and injured others)?
If criminal or civil charges can be brought, is there anyone in the House working on this, compiling possible offences and, more importantly, indicating to serving officials both civil servants and political appointees that charges and suits will be brought against them after the 2020 elections if Democrats gain majority control in both houses and the presidency? I know Congressperson and Chairperson Schiff has spoken of an investigation, but is it the usual House type that will result in a report and possible legislation for future forestalling of behaviors we see today, or is this the kind of investigation that will result in referrals to the FBI, Justice Dept. and other agencies for investigation and prosecution (or both kinds)? Will it result in impeachment or termination, with penalties such as loss of pension, of serving civil servants found guilty of not doing their duty under law?
Does anyone on DK know of what is currently going on in criminal investigations and possible civil lawsuits regarding the COVID-19 pandemic? I found a short article from 25 March in the Intelligencer Are there legal ramificatons for spreading the virus?
As the Department of Justice seeks emergency powers and the rate of new coronavirus infections continues to boom across the United States, Deputy Attorney General Jeffrey Rosen released a memo on Tuesday concerning the “purposeful exposure and infection of others with COVID-19.”
“Because coronavirus appears to meet the statutory definition of a ‘biological agent’ … such acts potentially could implicate the Nation’s terrorism-related statutes,” the memo states. The document, obtained by Politico, also warns of more well-defined criminal acts during the pandemic, including “fraudulent offers to sell respirator masks with no intent of delivery,” “sales of fake testing kits,” and “prescription-drug schemes.” While the DOJ has already set up a task force to handle coronavirus scams and price gouging, it’s unclear if the language on intentional infections was precautionary or based on threats or actions already being handled by prosecutors.
and the article also notes:
Breaking a federal quarantine issued by the Centers for Disease Control and Prevention is punishable by a year in jail or a fine of up to $100,000, although the CDC has not appeared to use the power outside of an order to quarantine cruise-ship passengers in January. States penalties are less harsh, though more commonly implemented: In Connecticut, those found to have broken an order can be fined up to $1,000, or face imprisonment for up to a year. The most stringent laws are in Maryland and Louisiana, where those who break quarantine are subject to a $3,000 maximum fine and up to two years in jail, respectively.
There is a good bit of clarity provided in the CARES act in terms of enforcement of law against fraud and non-performance of stipulated actions, but this regards use of economic relief by corporations and individuals, not causal actions of damage or negligence of officials inflicting damage. There are also wrongful death suits against some of the cruise lines, and expectations of many suits from workers regarding workplace safety and lack of, or lack of enforcement of, guidelines, particularly at the state level where such guidelines are very specific. But have any Democrats spoken in specific terms about post-Trump legal actions to investigate and prosecute wrongdoing and further legislation to close the loopholes Trump and Barr and Fox News and others appear to have driven through?
If you know of more detailed articles or statements by officials (does Warren have a plan for post-COVID-19 investigations?), please comment. With a growing number of people killed or injured by COVID-19, the promise of action against those who have helped to spread the disease, and who undermined actions to bring it to heel, would be encouraging and motivating, particularly in terms of voting and persuading others to vote.