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FBI arrests judge accused of helping man evade immigration authorities

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Re: FBI arrests judge accused of helping man evade immigration authorities

#721

A key point here, which the judge brought up with the ICE agents, is that they only had an "administrative warrant".[1] An “ICE warrant” is not a real warrant. It is not reviewed by a judge or any neutral party to determine if it is based on probable cause. "An immigration officer from ICE or CBP may not enter any nonpublic areas—or areas that are not freely accessible to the public and hence carry a higher expectati…

Another key point is that generally speaking the charge of obstruction of justice requires two ingredients:

1) knowledge of a government proceeding

2) action with intent to interfere with that proceeding

It doesn't especially matter in this case whether ICE was entitled to enter the courtroom because she's not being charged for refusing to allow them entry to the room. The allegation is that upon finding out about their warrant she canceled the hearing and led the defendant out a door that he would not customarily use. Allegedly she did so with the intent of helping him to avoid the officers she knew were there to arrest him.

The government has to prove intent here, which as some have noted is difficult, but if the facts as recounted in the news stories are all true it doesn't seem that it would be overwhelmingly difficult to prove that she intentionally took action (2) to thwart an arrest that she knew was imminent (1).

https://www.law.cornell.edu/wex/obstruction_of_justice

Re: FBI arrests judge accused of helping man evade immigration authorities

#723

[flagged]

Because the man was in court for his alleged crime, the judicial system working as intended.

But ICE showed up without a legal warrant and attempted to subvert the judicial system by whisking him away, and then arrested a judge.

Accused of a crime? Go to court, be found guilt or innocent, and serve your sentence if convicted.

If we don't hold up the rule of law we become a dictatorship.

Re: FBI arrests judge accused of helping man evade immigration authorities

#725

Earlier quoted context omitted.

It doesn't.

We shall see.

Oh good, a comment I can reply to:

If there is an invasion of millions of people, are you suggesting the federal government would have to merely say that you are one of them in order to pack you and your family into an airplane to a foreign slave camp for the rest of their lives, without even giving you an opportunity to argue that you're not one of those "invaders"?

Give a direct answer please.

Re: FBI arrests judge accused of helping man evade immigration authorities

#726
post #642
post #580

The issue here is not the facts of this incident. The issue is an attempted expansion of power and reduction in the liberty to dissent. The Trump administration have been talking for weeks, maybe months, of finding ways for US attorneys to prosecute local officials who do not support Trump's immigration policy. Note that they also are threatening punishment through budget and policy. Also, realize that immigration is…

No, the issue is: "Judge DUGAN escorts Flores-Ruiz through a “jury door” to avoid his arrest." https://storage.courtlistener.com/recap/gov.uscourts.wied.11...

except that they didn't have valid warrant for his arrest, so no.

Re: FBI arrests judge accused of helping man evade immigration authorities

#727
I just read the complaint. What’s the problem? Was the administrative warrant invalid? According to the complaint, the agents didn’t enter the courtroom, but rather waited in the hall, where they were approached by the judge. If the judge directed the defendant to a back door never used by defendants not in custody, that’s clearly obstruction.

Re: FBI arrests judge accused of helping man evade immigration authorities

#728

Earlier quoted context omitted.

If ICE wasn't legally authorized to search the premises or arrest the man, then the judge wasn't "obstructing" his arrest.

They didn't need to search, they just needed to wait outside to arrest. That would have worked if the defendant didn't use the backdoor.

But they didn't have a valid warrant for arrest. Therefore him going out the back door was not "escaping arrest".

Re: FBI arrests judge accused of helping man evade immigration authorities

#730

Earlier quoted context omitted.

[flagged]

For people who don't live in crazy town, this would be considered an oppressive action, arresting a judge for following procedure simply because it inconvenienced you.

The judge wasn’t arrested for following procedure. Read the complaint.
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