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The department announced that it found insufficient evidence to "support federal criminal charges" against Timothy Loehmann and Frank Garmback.
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In remarks Wednesday, the attorney general also said restrictions imposed during the coronavirus are "the greatest intrusion on civil liberties in American history" since slavery.
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Experts said any decision about how a Biden Justice Department might handle a case against President Trump will pose huge legal and political challenges.
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Only three federal executions have taken place since 1988. Four prisoners are scheduled to be executed over the next two months.