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Reply to "Interfere with immigration arrests = obstruction charges"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The article said they questioned the agents. Questioning plain clothes officers is now a criminal offense?! [/quote] Yes. In Trumps America, you must stand quietly while men in black with masks and no insignias, identification, or warrants, who do not identify themselves, grab women off the street. And hope it’s “just” ICE acting outside the law and not human traffickers. FFS— how hard is it to identify your agency, show a badge and provide a warrant? This is scary sh*t. [/quote] Also I am not clear on how this squares with the mens rea requirement for criminal offenses [/quote] I’m a lawyer, and that’s my point. It’s not there. For the 95% of people who were forced to take criminal law: In order to obstruct an official proceeding, you must know that it’s an official proceeding you are stopping and not a woman being kidnapped. “Accidentally” criming isn’t a thing. If you don’t know they are ICE and have probable cause for an arrest, there is no crime. This is why LEO carry badges and show warrants. Maybe Trumps goons should try that? It’s not hard. [/quote] I'm somewhat confused. Is the DHS exempt from showing identification and warrants?[/quote] No. Because noncitizen have the same due process rights as everyone else. I worked in a federal courthouse 2002-2006, when DHS was being formed. It formed with a “we’re above the law because we were attacked, and anything goes to stop the next attack” attitude— by the same folks who outright lied to drag us and NATO into two decades of war. And ICE agents were frankly pretty unprofessional even back then. Very different from people from the FBI coming in for warrants. Very entitled to have warrants signed, and how dare the Judge ask questions and not obey. And the agency never lost that attitude, and has never carried itself with the same professionalism other federal LEOs have. And because it is that way, it attracts and retains people and leaders who are that way. It’s a vicious circle. DHS is a deeply problematic agency, formed in a problematic way. And it didn’t really solve the siloing of information problem it was designed for. We’d be better off— and safer— if they broke it up and reorganized. I mean— the current head wrote a book about shooting her dog and couldn’t secure her purse. And they LOVE her. That’s who it attracts. Not that DOGE would focus on the obvious problems at DHS while all the 150 year olds are collecting social security. Ugghh. [/quote]
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