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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

#901

Earlier quoted context omitted.

Salami slicing is the first page of the present day authoritarian play book. Here's an excerpt from They Thought They Were Free , a book about the mindset of ordinary Germans experiencing the rise of the Nazi Government: Each act, each occasion, is worse than the last, but only a little worse. You wait for the next and the next. You wait for one great shocking occasion, thinking that others, when such a shock comes,…

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The sum of those small slices is already great. There is no logical reason to react only to each individual event and not the sum of them or better yet the sum or what has been openly planned.

In the face of obvious fascism those who would be "turned against" their fellows by dint of honest and justified alarm are already "against" them now. They can only be opposed not convinced. They are either honest villains or live virtually entirely in their fantasy wholly disconnected from reality.

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

#902

Part of the reason why I support "sanctuary cities" is that it's better for everyone if undocumented immigrants feel safe talking to the police. Imagine someone broke into my car and there was a witness who saw the whole thing. I want them to be OK telling the cops what happened. I want them to be OK reporting crimes in their neighborhood. I want them to be OK testifying about it in court. I want them to be OK callin…

Replace illegal immigration with any other crime. What if a witness to a murder is an accused thief? Should we let thefts go unpunished because it may implicate their testimony in more severe crimes? What we actually do is offer the person reduced sentencing in exchange for their cooperation but we don't ignore their crime. In terms of illegal immigrants, if they haven't filed any paperwork, or haven't attempted to l…

Immigration isn't a crime though...

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

#903
post #898

Based on the alleged facts, the Judge is guilty of obstruction not harboring. I don’t know why he would hide an illegal from ICE. Especially someone breaking the law which a judge is sworn to uphold.

"the law, which a judge is sworn to uphold" includes due process. The president and everyone in the executive branch has also sworn to uphold this.

Illegal immigrant gets due process when they go in front of an immigration judge. This particular judge doesn’t get to pick and choose who gets due process (nor hide illegal immigrants / criminals from ICE)

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

#904
post #895

Earlier quoted context omitted.

They did have a valid warrant for arrest, they just didn't have a warrant to search the courtroom but they had a warrant to arrest the guy as soon as he stepped outside.

Then they weren't obstructed. They're just shit at their job. If I know you're in a building and haver permission to arrest you, it's not "obstructing arrest" if you use the back door. What if your car's parked out back? To quote the 10 year old who destroyed me in fortnite "Get good."

I could be if you can't enter a store to arrest someone and back door is marked "private employee only". Manager then let's them out the back door despite clear enforced store policy to prohibit random customers from being allowed in that part of the store.

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

#905

Earlier quoted context omitted.

What was the honest mistake the judge made?

I usually read coverage from different sides. If you don't realize where she screwed up, look at Fox News. If you don't realize where the FBI screwed up, look at NY Times. Fox News perspective is that she broke court procedures in order to obstruct federal agents. Prior cases seem to support that: https://www.ice.gov/news/releases/massachusetts-judge-court-... Case concluded with some kind of judicial reprimand (not…

Does screw up as you use it mean knowingly and intentionally breaking the law, or mean it was accidental and unintentional?

It might be a mistake to beat someone bloody, but it isn't an accident.

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

#906
post #890

Earlier quoted context omitted.

I truly do not understand why this administration continually gets the benefit of doubt from the HN audience.

> I truly do not understand why this administration continually gets the benefit of doubt from the HN audience. I'm guessing you're not understanding me. Regarding the strength and validity of the FBI's criminal complaint, I'd probably say there is maybe a 20% chance it will hold up in court, but I'm very uncertain about even my estimate. I don't know the law well in this case. Do I think the FBI was politically moti…

I think the concern is that this on its face seems like a pretty egregious thing for an administration to do in a politically motivated fashion.

It seems like they are pushing the bounds of what the public is willing to put up with. I think that trying to rationalize the best argument of their case, is doing their work for them, and the administration has regularly demonstrated themselves to be bad-faith actors.

All of this is to say, that my knee-jerk is to say the administration is wrong, and let cooler heads prevail in the follow-up if that's not the case. Because I have yet to see the case where the administration wasn't overstepping their authority WRT ICE.

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

#907

This seems bad in a sea of events that seem bad. I have no deep admiration for judges, but the motivation for this seems deeply ideological, and I don't see a bright future where judges are arrested by the Gestapo based on ideological differences.

A judge literally helped a suspect hide from federal law enforcement. How can you be serious? Judges are supposed to up hold the law not find loopholes for people they like.

Maybe she was unenthusiastic about the idea of the courthouse turning into an immigration checkpoint?

Kind of rich to be wagging your finger at a judge subverting the law considering what the counterparty has been doing.

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

#908
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…

The thesis is that immigrants have no constitutional rights because they aren't citizens, or the stronger form, that they are invaders and thus enemy combatants. The Supreme Court is going to have to clarify the existence or non-existence of constitutional rights for people living here unlawfully. And then the populace is going to have to make sure that the president doesn't conclude that he can ignore that ruling if…

> The thesis is that immigrants have no constitutional rights because they aren't citizens...

The constitution is quite clear on this issue and it has been affirmed repeatedly over the last 100+ years by the high courts. Anyone and everyone in the world who is on US soil and subject to US jurisdiction is considered a "US Person". This status is regardless of their nationality/nation of origin, the manner by which they arrived on US soil, or any other circumstance.

As a 'US Person' they are protected by the US Constitution with only minimal exceptions; the right to bear arms[1], ability to run for public office, or vote in federal elections[2]

This is by intent and design and is a necessary cornerstone of US democracy!

This is laid out in - Article I, Section 8, Clause 18 "Aliens in the United States"

https://constitution.congress.gov/browse/essay/artI-S8-C18-8...

> The Court reasoned that aliens physically present in the United States, regardless of their legal status, are recognized as persons guaranteed due process of law by the Fifth and Fourteenth Amendments. Thus, the Court determined, even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection

[1] Only citizens and permanent residents are allowed unrestricted access to firearms.

[2] Some districts allow pr visa holders to vote in local and state elections

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

#909

The irony that the judge would likely have held you in contempt if you didn't obey one of their orders but seems to think it's ok to help people pursued by other law enforcement to skip out. The judge should know that even they aren't above the law and they can't override other judicial and administrative rulings just because they disagree with them.

> they disagree with them

All I see on the rationale is:

> if any attorney or other court official “knows or believes that a person feels unsafe coming to the courthouse to courtroom 615,” they should notify the clerk and request an appearance via Zoom.

Did I miss an alternative explanation from the judge?

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

#910

People are arrested in court every day. Why a judge would risk their career to prevent ICE from executing a warrant for someone's arrest confounds me.

Her career might get more difficult if witnesses stop showing up to court because they fear deportation that skips due process.
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