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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

#202
post #19

This will be interesting for the 5th amendment. They cannot arrest you for putting "drug dealer" on your tax forms as your job since you are compelled to answer that question honestly. The defendant was compelled to appear in court which means he couldn't protect his own privacy by being elsewhere - are these the same thing? I don't know how courts will see it, but it is an interesting legal question that I hope some…

This doesn't really have any fifth amendment implications. The prohibition against self incrimination reads "no person ... shall be compelled in any criminal case to be a witness against himself."

That doesn't relate to being compelled to attend a proceeding in person where another federal agency can arrest you. If the government can legally arrest you, it does not matter if they determine your location based on another proceeding.

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

#203

Executive branch arrests of members of judiciary are not to be taken lightly. There are many ways to deal with these situations and this is extraordinarily far from normal. All you can do is diversify your US-based investments and get travel visas while you still can. If you are tempted to downvote, you could make a better point by finding comparable examples under any other modern president.

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

#204
post #162

Earlier quoted context omitted.

[flagged]

If it turns autocratic then there's no discussion to be had. Judge will waterboarded in Gitmo and Trump is de-facto king. We are no longer a nation of laws, the USA is renamed to Trumpopolis and we all have to get government mandated orange spray tans. So assuming that doesn't happen, this is an action by a non-autocratic executive meant to have a chilling effect on low level judges who don't want to spend a few days…

You seem to be quite blasé about the possibility of autocracy. But yes, there is a risk that Trump becomes a dictator and we're no longer a nation of laws. It depends on how people like us react to consolidations of power like this, or the illegal impoundment, or cases like Kilmar Abrego Garcia's. The law only matters insofar as we and our representatives can enforce it.

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

#205

Earlier quoted context omitted.

Being a judge might just be circumstantial (sensational?). The arrest may be because of the person's personal actions; not their professional actions as a judge.

> Being a judge might just be circumstantial (sensational?). The arrest may be because of the person's personal actions; not their professional actions as a judge. I'm sure you're an intelligent person, but this response seems almost deliberately obtuse. This is clearly an act by the current administration to intimidate the judiciary. It is impossible to separate the unprecedented act of arresting a sitting judge for…

> arresting a sitting judge for failing to arrest someone

If the article is accurate, he was arrested for making false statements in a personal capacity, not for failing to act.

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

#206

Intentionally misdirecting a federal investigation is a crime.[1][2] Pretty straightforward accusation. "Our legal system provides methods for challenging the Government's right to ask questions—lying is not one of them." — Justice Harlan [1] https://en.wikipedia.org/wiki/Making_false_statements [2] https://www.justice.gov/archives/jm/criminal-resource-manual...

Ok looks like they're 18 USC 1505 (obstruction) and 18 USC 1071 (harboring) charges.[1] Less straightforward.

[1] https://www.courtlistener.com/docket/69943125/united-states-...

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

#207
post #19

This will be interesting for the 5th amendment. They cannot arrest you for putting "drug dealer" on your tax forms as your job since you are compelled to answer that question honestly. The defendant was compelled to appear in court which means he couldn't protect his own privacy by being elsewhere - are these the same thing? I don't know how courts will see it, but it is an interesting legal question that I hope some…

I'm not sure if this is intended to be a hypothetical but there is no IRS form where "Drug Dealer" is the correct answer. Drug dealing income would be disclosed as "Other income". If you volunteer "drug dealer" my guess is they could use it against you. Similar to showing up at FBI headquarters and shouting "I'm a drug dealer!"

Schedule C to Form 1040 (self-employment income) asks for your "Principal business or profession, including product or service". It's pretty clear that the only correct answer for some people would be something like "drug dealer".

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

#208

Earlier quoted context omitted.

>They cannot arrest you for putting "drug dealer" on your tax forms as your job since you are compelled to answer that question honestly. They recently forced their way to into IRS records, so that is no longer true either.

But they wanted to get intel on suspected illegals. They just cannot use the data provided to the IRS as evidence. They have to get separate evidence.

This is not normal/acceptable in the US. I remember when parallel construction was thought of as a horrible/unacceptable violation of the Constitution in the US. Now the 'Constitution' party doesn't give AF and loves it. It's crazy how far we let slippery slopes take us. All because of convenience or 'it's not that big of a deal yet'.

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

#209
post #21

Since the Judiciary seem to be the only ones pushing back against the Federal overreach it makes sense to them go after them first. I don't expect Congress to start getting arrested until or if they ever do any significant pushback against Trump and his cronies. This is America now, the land of the lawless and unjust. Prepare accordingly people, if they do not like what you are doing they will use their full power to…

[flagged]

Please learn how to shoot and handle a gun, before you arm yourself.

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

#210
post #157

Earlier quoted context omitted.

I'm not sure if this is intended to be a hypothetical but there is no IRS form where "Drug Dealer" is the correct answer. Drug dealing income would be disclosed as "Other income". If you volunteer "drug dealer" my guess is they could use it against you. Similar to showing up at FBI headquarters and shouting "I'm a drug dealer!"

> I'm not sure if this is intended to be a hypothetical but there is no IRS form where "Drug Dealer" is the correct answer. What else would you put in the Occupation field at the end of the form?

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