8/11/2020 Vice Mail - RE: Vice News story on federal prisoner movement during the pandemic Keegan Hamilton RE: Vice News story on federal prisoner movement during the pandemic 8 messages Donahue, Lynzey (USMS) To: "keegan.hamilton@vice.com" Cc: "Credic, Nikki (USMS)" Thu, Aug 6, 2020 at 3:41 PM Hi Keegan, We are unable to accommodate your request for an interview. Please find a statement below in response to your query. The U.S. Marshals Service takes very seriously its prisoner deten on mission to provide safe, secure and humane custody, housing, medical care and transporta on for federal prisoners throughout the United States and its territories. We have modified our policies and procedures during the COVID-19 pandemic, in accordance with guidance from the Centers for Disease Control and Preven on, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (latest update July 22, 2020). The USMS does not own or operate deten on facili es but partners with state and local governments using intergovernmental agreements to house prisoners. Addi onally, the USMS houses prisoners in Federal Bureau of Prisons facili es and private deten on facili es. The USMS is responsible for the care and custody of approximately 57,000 prisoners each day through agreements or contracts with those approximately 750 facili es. These facili es are responsible for the medical care that USMS prisoners receive, and USMS recognizes that deten on facility COVID19 protocols are determined by state health departments and guidance from the CDC. The Jus ce Prisoner and Alien Transporta on System manages the coordina on, scheduling and secure handling of prisoners in federal custody, transpor ng them to deten on facili es, courts and Federal Bureau of Prisons ins tu ons across the 94 judicial districts via a network of aircra , buses, vans and cars. Our mission is to transfer prisoners safely, securely and humanly. Under normal condi ons, prisoner movements take place for a variety of reasons, such as to serve a federal sentence at a BOP prison, tes fy at a trial, transfer between facili es, or to receive specialized medical care. Many federal court districts across the country con nue to operate; therefore, the U.S. Marshals must con nue to safely and securely transport prisoners in accordance with the federal judiciary process, which includes sentencing, judgment and commi al, and designa ons to BOP facili es, as well as other federal judiciary court orders and processes. USMS personnel have been issued specific COVID-19 guidance for screening prisoners that was developed by infec ous disease experts from the Public Health Service, who regularly update it in accordance with evolving CDC guidance. JPATS does not move any prisoner who is symptoma c or known posi ve for COVID-19. USMS equipment, aircra and vehicles are undergoing daily, enhanced COVID-19-specific cleaning. In addi on, JPATS has implemented the use of masks by all inmates and staff. https://mail.google.com/mail/u/0?ik=39c3217c61&view=pt&search=all&permthid=thread-f%3A1674317583372101526&simpl=msg-f%3A1674317583372101526&… 1/6 8/11/2020 Vice Mail - RE: Vice News story on federal prisoner movement during the pandemic JPATS’ movement of federal prisoners is down 76 percent when comparing April through July 2020 to the same fourmonth period in 2019. In addi on, USMS district offices are limi ng prisoner movements within their federal district and between facili es as much as possible. Mi ga ng the risk to our staff, USMS prisoners and the community is our first priority. Regards, Lynzey Lynzey Donahue Office of Public Affairs U.S. Marshals Headquarters lynne.donahue@usdoj.gov -------------------------------------------------------From: Keegan Hamilton Sent: Tuesday, August 4, 2020 2:40 PM To: Donahue, Lynzey (USMS) Cc: Credic, Nikki (USMS) ; Bunt, Gary (USMS) Subject: Vice News story on federal prisoner movement during the pandemic Hi Lynzey, I'm repor ng a piece about the current situa on with COVID-19 in the federal prison system and hoping to learn more about the protocols used by U.S. Marshals when transpor ng inmates. If possible, I'd like to arrange an interview with a U.S. Marshals official who can speak to what the policies are for tes ng, screening, quaran ne, etc. when moving inmates from contract deten on facili es into BOP ins tu ons, and the broader challenges that are associated with prisoner management during the pandemic. Any informa on you can provide — such as data on how many inmates have been moved in recent months, approximately how many inmates are in transit at any given me, and infec on counts among prisoners in USMS custody — would also be very helpful and much appreciated. My deadline is this coming Friday, August 7. The interview would be over the phone to be used in a wri en piece to run on Vice's website. Please let me know what's possible. I'll circle back again with any other ques ons that arise as I con nue to report. https://mail.google.com/mail/u/0?ik=39c3217c61&view=pt&search=all&permthid=thread-f%3A1674317583372101526&simpl=msg-f%3A1674317583372101526&… 2/6 8/11/2020 Vice Mail - RE: Vice News story on federal prisoner movement during the pandemic Best, Keegan --KEEGAN HAMILTON Senior Reporter, VICE News Mobile - Signal - WhatsApp: +1 206.660.0443 Twitter: @keegan_hamilton VICE MEDIA LLC This e-mail transmission may be legally privileged and contains confidential information that is the property of the sender and the organization (VICE MEDIA LLC) for which the sender represents. If you are not the intended recipient and have by accident received this email, please do not retain, disclose, reproduce or distribute the contents of this e-mail transmission, or take any action in relevance thereon or pursuant thereto. Please notify the sender of the error by responding to the email accordingly in a timely and reasonable fashion otherwise failure to do so may cause legal action to be taken. Thank you. Keegan Hamilton To: "Donahue, Lynzey (USMS)" Cc: "Credic, Nikki (USMS)" Thu, Aug 6, 2020 at 3:53 PM Got this, thank you. [Quoted text hidden] Keegan Hamilton To: Keri Blakinger Thu, Aug 6, 2020 at 3:54 PM [Quoted text hidden] Keegan Hamilton Fri, Aug 7, 2020 at 7:58 AM To: "Donahue, Lynzey (USMS)" , "Credic, Nikki (USMS)" Cc: Keri Blakinger Hi Lynzey, Thanks again for your response. I’m following up here to let you know that this piece will be co-published with the Marshall Project. I’d like to request some additional information that you referenced, and also to inquire about some specific details that have been brought to our attention as we’ve reported this story over the past several days. Our deadline is coming up this Monday, August 10. -Can you please share the “specific COVID-19 guidance" that has been issued to USMS personnel? -You noted that “USMS does not own or operate detention facilities but partners with state and local governments” and https://mail.google.com/mail/u/0?ik=39c3217c61&view=pt&search=all&permthid=thread-f%3A1674317583372101526&simpl=msg-f%3A1674317583372101526&… 3/6 8/11/2020 Vice Mail - RE: Vice News story on federal prisoner movement during the pandemic that “detention facility COVID-19 protocols are determined by state health departments and guidance from the CDC.” Does the USMS have the authority to require COVID-19 testing be done before inmates are moved from one of these detention facilities? -Does USMS utilize Abbott Rapid Testing or any other type of COVID-19 testing when moving inmates? If not, please explain why prisoners are not tested prior to being moved. -Is there any data available about how many prisoners in USMS custody have tested positive for COVID-19? -Several BOP staff members have told us that inmates with COVID-19 are coming from local jails that operate under contracts with the USMS, such as the Grady County Jail in Oklahoma. One staff member stated that Grady and other contract jails are “not held to the same standards as federal facilities.” Any comment on this? Is the USMS aware of these concerns? If so, what’s being done about it? -One prisoner who was transferred out of the Grady County Jail recently described receiving only a temperature check prior to being moved, and said he and other inmates were crowded onto USMS planes and vans, sometimes without the inmates required to wear masks. Any response to these allegations? -We’ve been made aware of some specific incidents that are documented with formal complaints. On July 18, Jennifer Gonzalez-Colon, the Congressional representative for Puerto Rico, wrote a letter to BOP Director Carvajal, AG Barr, and USMS Director Washignton seeking information about why 54 were inmates transferred from the mainland to the MDC in Puerto Rico. Was this transfer USMS’s decision? Will you continue to transfer inmates to Puerto Rico? -On August 4, BOP staff at FCI Aliceville wrote a letter to Alabama Senators Doug Jones and Richard Shelby stating that U.S. Marshals Service prisoners are not being quarantined or tested prior to being moved. The letter states that, “Over the past three weeks and on three different occasions, FCI Aliceville now has four inmates who have tested positive for COVID-19 due to the gross mismanagement of inmate movement” by USMS. Any comment or response from USMS to this allegation? -We have also heard complaints from staff at FCC Pollock, and FCI Tallahassee about receiving inmates from USMS that subsequently tested positive for COVID-19. These staff members allege that the lack of testing of inmates moved by the USMS puts staff, inmates, and the public at risk. Is USMS aware of these concerns? Any comment or response? Please respond here or feel free to call me at 206-660-0443. Sincerely, Keegan --KEEGAN HAMILTON Senior Reporter, VICE News Mobile - Signal - WhatsApp: +1 206.660.0443 Twitter: @keegan_hamilton VICE MEDIA LLC This e-mail transmission may be legally privileged and contains confidential information that is the property of the sender and the organization (VICE MEDIA LLC) for which the sender represents. If you are not the intended recipient and have by accident received this email, please do not retain, disclose, reproduce or distribute the contents of this e-mail transmission, or take any action in relevance thereon or pursuant thereto. Please notify the sender of the error by responding to the email accordingly in a timely and reasonable fashion otherwise failure to do so may cause legal action to be taken. Thank you. On Thu, Aug 6, 2020 at 3:41 PM Donahue, Lynzey (USMS) wrote: [Quoted text hidden] Donahue, Lynzey (USMS) Mon, Aug 10, 2020 at 7:02 AM To: Keegan Hamilton , "Credic, Nikki (USMS)" Cc: Keri Blakinger Hi Keegan, https://mail.google.com/mail/u/0?ik=39c3217c61&view=pt&search=all&permthid=thread-f%3A1674317583372101526&simpl=msg-f%3A1674317583372101526&… 4/6 8/11/2020 Vice Mail - RE: Vice News story on federal prisoner movement during the pandemic As of Aug. 7, 2020, we have received reports of 3,479 U.S. Marshals Service prisoners having tested posi ve for COVID-19 (2,431 have since recovered) and 13 COVID-related deaths of USMS prisoners. Note on reported USMS prisoner popula on data: Data on prisoner health comes to the USMS through established repor ng mechanisms that may vary from jurisdic on to jurisdic on; the data is not real- me and may not reflect the most current informa on. With regard to your transporta on ques ons: USMS is following current CDC guidance regarding transpor ng prisoners: “If a transfer is absolutely necessary, perform verbal screening and a temperature check … before the individual leaves the facility.” Again, JPATS does not move any prisoner who is symptoma c or known posi ve for COVID-19. USMS equipment, aircra and vehicles are undergoing daily, enhanced COVID-19-specific cleaning. In addi on, JPATS has implemented the use of masks by all inmates and staff. We are aware that some prisoners, who were being housed at non-BOP facili es, have been transferred by JPATS to BOP facili es and subsequently tested posi ve for COVID-19. The facili es that were housing the prisoners who subsequently tested posi ve for COVID-19 screen prisoners for symptoms of COVID-19 but do not test asymptoma c prisoners. In accordance with CDC guidance, all of the prisoners who later tested posi ve for COVID-19 were screened prior to depar ng their facili es and by JPATS personnel on the flight line (to include temperature checks), without any indica on of abnormali es or symptoms of COVID-19. USMS coordinated with the Federal Bureau of Prisons regarding prisoner transporta on to BOP facili es during this pandemic. An agreement was made that BOP would not require pre-departure COVID-19 tes ng for USMS prisoners depar ng from deten on facili es to BOP facili es, and that COVID-19 tes ng and appropriate quaran ne or isola on would be conducted at the receiving BOP facili es. You will need to submit a FOIA request for the COVID-19 guidance that has been issued to USMS personnel. The email address to do so us usms.foia@usdoj.gov (see www.usmarshals.gov/foia). ### Regards, Lynzey [Quoted text hidden] Keegan Hamilton To: Keri Blakinger Mon, Aug 10, 2020 at 7:12 AM Fyi… https://mail.google.com/mail/u/0?ik=39c3217c61&view=pt&search=all&permthid=thread-f%3A1674317583372101526&simpl=msg-f%3A1674317583372101526&… 5/6