Defending Freedom Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7742 To require the Attorney General to report on potential violations of Bill of Rights during the COVID-19 pandemic, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2020 Mr. DAVIDSON of Ohio (for himself and Mr. BUDD) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Attorney General to report on potential viola- tions of Bill of Rights during the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Defending Freedom 4 Act of 2020’’. 5 SEC. 2. FINDINGS. 6 The Congress finds as follows: 7 (1) The United States of America was founded 8 to secure individual liberties and its powers are de- 9 rived from the consent of the governed. 10 VerDate Sep 11 2014 22:57 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7742.IH H7742 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7742 IH (2) In the reaction to the COVID-19 outbreak, 1 many government officials have used the state of 2 emergency to unjustly, and often undemocratically, 3 limit the liberty of their citizens. 4 (3) Article IV section 4 of the United States 5 Constitution guarantees the American people a re- 6 publican form of government and the prolonged use 7 of executive decrees without legislative authorization 8 will constitute a breach of that guarantee. 9 (4) The due process clause of the Fourteenth 10 Amendment prohibits any State from violating the 11 Bill of Rights. 12 (5) The First Amendment establishes protec- 13 tions for the free exercise of religion, the right to as- 14 semble, and freedom of speech. 15 (6) Numerous local governments around the 16 country have restricted the free exercise of religion 17 by mandating closures of church buildings and drive- 18 in church services. 19 (7) Certain government officials have restricted 20 the right of individuals to assemble in public places 21 and government buildings. 22 (8) On April 6, in the Commonwealth of Puerto 23 Rico, Governor Wanda Va´zquez signed an Executive 24 order making it illegal for media outlets or social 25 VerDate Sep 11 2014 22:57 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7742.IH H7742 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7742 IH media accounts ‘‘to transmit or allow the trans- 1 mission’’ of ‘‘false information’’ relating to govern- 2 ment proclamations or Executive orders concerning 3 COVID-19 or other disasters. 4 (9) The Second Amendment establishes that the 5 right of the people to keep and bear arms, shall not 6 be infringed. 7 (10) States demanded the closure of federally 8 licensed firearms dealers, stripping citizens of Sec- 9 ond Amendment rights without due process. 10 (11) Local governments are considering access- 11 ing Bluetooth and GPS cellular device data, which 12 compromises the American right to privacy and the 13 sanctity of our homes. This is possible because all 14 bank accounts, new vehicles, and FCC regulated de- 15 vices have embedded government surveillance. The 16 government is ever-present, in violation of the Third 17 Amendment. 18 (12) The Fourth Amendment guarantees the 19 right of the people to be secure in their persons, 20 houses, papers, and effects, against unreasonable 21 searches and seizures. 22 (13) Numerous State governors have issued or- 23 ders to stop and search vehicles based on an Ameri- 24 VerDate Sep 11 2014 22:57 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7742.IH H7742 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7742 IH can’s State of residence, rather than the probable 1 cause standard required by the Fourth Amendment. 2 (14) Private-sector telecommunications compa- 3 nies have the capability to track the location of 4 American citizens and share that information with 5 government officials without a warrant issued upon 6 probable cause of a crime. 7 (15) The Fifth Amendment ensures that Ameri- 8 cans will not be deprived of life, liberty, or property, 9 without due process of law. 10 (16) Forty-two states have issued stay-at-home 11 orders or lockdowns which have deprived Americans 12 of their economic liberty without due process. 13 (17) Forcibly shutting down businesses denies 14 business owners the economically viable use of their 15 property and therefore constitutes a ‘‘taking’’ under 16 the Fifth and Fourteenth Amendments. 17 (18) The Sixth amendment protects our right 18 to a speedy and public trial. 19 (19) On March 21, 2020, it was reported that 20 the Department of Justice requested the ability to 21 pause court proceedings ‘‘whenever the district court 22 is fully or partially closed by virtue of any natural 23 disaster, civil disobedience, or other emergency situa- 24 tion.’’, thereby preventing speedy trials. 25 VerDate Sep 11 2014 22:57 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7742.IH H7742 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7742 IH SEC. 3. ATTORNEY GENERAL REPORT. 1 The Attorney General shall review the actions of Fed- 2 eral, State, and local government officials taken during the 3 COVID-19 pandemic which may violate the Bill of Rights. 4 One year after the enactment of this Act, the Attorney 5 General shall report to Congress on the Department of 6 Justice’s efforts to document, remedy, and prosecute in- 7 fringements of the Bill of Rights. If the Attorney General 8 finds a violation of the Bill of Rights and does not pros- 9 ecute that violation, then he shall include an explanation 10 of that decision. The Attorney General shall refer cases 11 outside of his jurisdiction to the appropriate prosecutorial 12 body. 13 Æ VerDate Sep 11 2014 22:57 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7742.IH H7742 pbinns on DSKJLVW7X2PROD with BILLS