Reply to The FBI has *ARRESTED* a sitting judge in Milwaukee, over allegations it obstructed immigration enforcement.

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Here is a pretty good explanation from an attorney:

https://attorneyryan.substack.com/p/deep-dive-trumps-fbi-arrested-a-sitting?utm_campaign=post&showWelcomeOnShare=true[/quote]
WRONG.

I don't feel very strongly about this case, but speaking as a lawyer with considerable immigration law experience, this is a highly partisan analysis that completely misstates both the law and the facts that have been publicized. She is going to have an uphill battle here to articulate a legitimate basis on which she interfered with this arrest.

1.  Administrative warrants issued by ICE do indeed authorize agents to make arrests.

2. There is no evidence that the agents were trying to make an arrest in the middle of proceeding as opposed to waiting for the proceeding to take place and conclude before making their arrest. It's clear they saw the defendant in the courtroom, but didn't rush to seize him and were instead waiting.

3. The agents were not asking the judge to make the arrest or enforce the warrant. All of the available facts make clear that [i]they [/i] intended there to make the arrest themselves.

So, the issue here is not that the judge exercised her discretion to decline to enforce an administrative warrant, but rather that the judge [i]prevented the agents [/i]from acting within the scope of their duties to make an arrest they were legally entitled to make.

Moreover, the chief judge had not yet issued any policy barring agents from making an arrest in any part of the courthouse. He made that clear when she had him called before she let the defendant go. So, she can't even argue that she was enforcing a courthouse policy (which would not override an administrative warrant anyway, but would at least provide some good-faith, objective basis for her interference beyond her personal whim).

The judge's concern here appears to have been optics or politics, neither of which entitled her to interfere with the agents' arrest. Time will tell she can cobble together some legitimate basis, but this is not looking good for her if the government chooses to pursue the case beyond this initial arrest.[/quote]
+100[/quote]

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