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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

#761
post #755

Earlier quoted context omitted.

> It can't very well be "obstruction" if they aren't empowered to do the search in the first place, can it? The allegation is that she obstructed an arrest by changing standard procedure, she wasn't arrested for obstructing search that part was fine. The ICE agents were legally allowed to wait outside and arrest the man as he stepped out, the judge leading the man out the backdoor after she learned ICE agents were wa…

> obstructed an arrest by changing standard procedure Which sounds awfully novel to me. You really want to tear down the structure of democracy over this kind of nitpicking on "procedure"? I remain horrified that people I really thought were normal Americans are willing to burn it all down just so they don't have to hear Spanish spoken in their doctor's office.

> I remain horrified that people I really thought were normal Americans are willing to burn it all down just so they don't have to hear Spanish spoken in their doctor's office.

Calling people who are against illegal immigration "racist" just makes it worse.

A majority of people are fine with legal migration, a supermajority of people think illegal immigrants should get deported. So no, the issue most see isn't that they don't like Spanish, the issue is that they are here illegally.

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

#763

ICE has absolutely no business in state courthouses. The federal interest in enforcing immigration law should not be placed above the state's interest in enforcing equal protection under the law. Consider the case of a undocumented rape victim. Do they not deserve justice? Are we better off letting a rapist go free when their victim cannot testify against them because they were deported? I think not and I do not want…

> Are we better off letting a rapist go free when their victim cannot testify against them because they were deported? That's not an actual outcome that would occur. Cases can proceed if the victim is unavailable. Do we let a rapist off because their victim had an untimely death? Obviously not. In the case of a deportee, if we have a sworn statement from them, or can remotely depose them, then their testimony would b…

In the real world, cases die all the time because the victim refuses to cooperate with the police.

This is the point of things like immunity, and laws against witness tampering, and why the Mafia spent so much effort ensuring you knew you would die if you took the stand.

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

#764
post #601
post #404

Earlier quoted context omitted.

United States Code, Title 8, § 1324(a)(1)(A)(iii) (2023) > (1)(A) Any person who […] > (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; […] > sha…

A case study on media narrative peddling: https://www.koat.com/article/las-cruces-former-judge-allegat... Original title: "Former New Mexico judge and wife arrested by ICE". It's as though he wasn't an active judge while harboring an alleged Tren De Aragua gang member. Protip: believe absolutely nothing you read in mainstream news sources on any even remotely political topic. Read between the lines, sort of like peop…

> Read between the lines, sort of like people used to read Pravda in the Soviet Union.

To be fair, you're not far off at this point.

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

#765

Earlier quoted context omitted.

I find it extremely doubtful that she told the agents he'd be leaving through a particular door or that she had any legal obligation to make sure the man exited in a particular way.

It's a crime to harbor or aid illegals in evading federal authorities. So this is a legal obligation of every person.

[flagged]

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

#767

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 th…

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

She is brave. I suspect we will look back on this one day if it goes that far. Even if you are staunch anti-immigration advocate, I would ask everyone to do the mental exercise of how one should proceed if the law or the enforcement of it is inhumane. The immigrant in question went for a non-immigration hearing, so this judge was brave (that's the only way I'll describe it). Few of us would have the courage to do that even for clear cut injustices, we'd sit back and go "well what can I do?". Bear witness, this is how.

Frontpage of /r/law:

ICE Can Now Enter Your Home Without a Warrant to Look for Migrants, DOJ Memo Says

https://dailyboulder.com/ice-can-now-enter-your-home-without...

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

#768

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.

[dead]

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

#769

Earlier quoted context omitted.

> Are we better off letting a rapist go free when their victim cannot testify against them because they were deported? That's not an actual outcome that would occur. Cases can proceed if the victim is unavailable. Do we let a rapist off because their victim had an untimely death? Obviously not. In the case of a deportee, if we have a sworn statement from them, or can remotely depose them, then their testimony would b…

In the real world, cases die all the time because the victim refuses to cooperate with the police. This is the point of things like immunity, and laws against witness tampering, and why the Mafia spent so much effort ensuring you knew you would die if you took the stand.

> the victim refuses to cooperate

You're describing an entirely different situation. Unless you're saying that deporting someone makes them wholly unable to participate in the process which is what I'm precisely disagreeing with. Cooperating can include things like simply filling out an affidavit or participating in remote depositions.

> and why the Mafia spent so much effort ensuring you knew you would die if you took the stand.

Removing someone from the country does not kill them.

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

#770

Earlier quoted context omitted.

> I also fail to see how she "concealed" him either. Using a special backdoor to avoid agents is "concealing", she allegedly did that to prevent him from being seen by the agents.

[flagged]

> And also why should this judge suffer just because the toothless inbreds at the secret police were too fucking dumb to cover all the exits?

They did catch the guy, just it was more work for them. All she did was cause them more work.

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