Interesting read, The Hill.
ACLU files lawsuit over federal agents in Portland
The American Civil Liberties Union (ACLU) on Friday filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Marshals Service after they deployed agents to quell demonstrations in Portland, Ore.
Demonstrations have continued in Portland over the killing of George Floyd in police custody in Minneapolis at the end of May. Some protests have led to the damage of federal buildings, prompting the administration to send in federal officers. Some demonstrators have also tried to make their own autonomous zone similar to one that lasted for weeks in Seattle.
Interesting. We'll see where it goes.
The fact that federal properties were attacked certainly gives the
feds the authority to send in the Marshalls, DHS etc.
Also, I do not think that the mayor of Portland has the right to
evict anyone in the city of Portland.
But, you never know. These are truly strange times.
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https://thehill.com/regulation/court-battles/507922-aclu-files-lawsuit-over-federal-agents-in-portland
20 Jul 20
@earl-of-trumps saidThe feds certainly don't have any jurisdiction to pull uncharged citizens off the street, shove them into unmarked vans and take them God-knows-where.
Interesting read, The Hill.
ACLU files lawsuit over federal agents in Portland
The American Civil Liberties Union (ACLU) on Friday filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Marshals Service after they deployed agents to quell demonstrations in Portland, Ore.
[i]Demonstrations have continued in Portland over the k ...[text shortened]... tps://thehill.com/regulation/court-battles/507922-aclu-files-lawsuit-over-federal-agents-in-portland
This is called kidnapping.
20 Jul 20
@earl-of-trumps saidYah... shouldn’t one be charged before being abducted?
I suppose time will tell if they are "uncharged"
20 Jul 20
@Earl-of-Trumps Are you on Trump's payroll? You sure sound like you adore Trump as if he was ALREADY a god.
You could care less about the actual constitution or bill of rights, just like Trump.
You have near zero empathy just like Trump.
If it walks like a duck, quacks like a duck, chances are, it's a duck.
20 Jul 20
@shavixmir saidYou’d think so wouldn’t you. I’ve seen a lot of US based cop shows and first before they are informed of the charges against them then they are read their rights. And what about ‘Habeas Corpus’.
Yah... shouldn’t one be charged before being abducted?
How are these victims supposed to know that their abductors are law enforcement officers of any kind.
It’s almost as if theres a retarded fascist in the White House who hasn’t read the constitution.
@shavixmir saidNot really. You pick them up, then you formally charge them.
Yah... shouldn’t one be charged before being abducted?
@sonhouse saidYou and mchill take the award for the most one-sided posters in here.
@Earl-of-Trumps Are you on Trump's payroll? You sure sound like you adore Trump as if he was ALREADY a god.
You could care less about the actual constitution or bill of rights, just like Trump.
You have near zero empathy just like Trump.
If it walks like a duck, quacks like a duck, chances are, it's a duck.
all you know is Trump Trump Trump.
Where the BLEEP did I even mention Trump? All I did was post an article About
the ACLU suing federal agents. Jeezus.
And speaking of empathy, I didn't see you running in here to say how wrongful
the protesters were for burning down buildings and killing people.
But *those* victims don't count, right? We're only to have empathy for **your** people.
What a guy
@earl-of-trumps saidWhat are they being charged with?
Not really. You pick them up, then you formally charge them.
IF it's a violation of Oregon's laws: " Under Oregon Revised Statutes § 133.245, a federal officer may arrest any person “[f]or any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.”"
And:
" the Oregon statute also requires state certification that federal officers have received proper training before effectuating arrests under state law before such arrests can happen. Suffice it to say, it is hardly clear that any of the federal officers have received such certification here. "
https://www.lawfareblog.com/what-heck-are-federal-law-enforcement-officers-doing-portland
So any arrests by Feds for violations of Oregon law are probably illegal.
There is very little Federal property in Portland and it is very unclear whether any Federal charges have been filed against anyone. Rule 5 of the Federal Rules of Criminal Procedure require any arrested person be brought " without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise."
Is there any indication that rule has been followed?
EDIT: Seven were arrested on Federal charges from July 3-6th with the defendants promptly being brought before a judge on 6th and released pending trial. https://www.justice.gov/usao-or/pr/seven-arrested-facing-federal-charges-after-weekend-riots-hatfield-federal-courthouse
20 Jul 20
@no1marauder
How the hell am I supposed to know what they are being charged with?
I strongly suspect they are charged with violating federal statutes. What else?
It has nothing to do with violating Oregon law or Portland law.
20 Jul 20
@earl-of-trumps saidThat's the point; IF they were charged with Federal crimes, they should have been brought before a judge in a public courthouse by now. That they apparently haven't been is a violation of Federal Criminal rules and the US Constitution which requires a probable cause hearing within 48 hours after a warrantless arrest. County of Riverside v. McLaughlin, 500 US 44 (1991).
@no1marauder
How the hell am I supposed to know what they are being charged with?
I strongly suspect they are charged with violating federal statutes. What else?
It has nothing to do with violating Oregon law or Portland law.
And if they were arrested under a warrant, they should have already been arraigned before a Federal judge under Rule 5.
@no1marauder saidIf only the courthouse wasn't all boarded up and under assault every night.
That's the point; IF they were charged with Federal crimes, they should have been brought before a judge in a public courthouse by now. That they apparently haven't been is a violation of Federal Criminal rules and the US Constitution which requires a probable cause hearing within 48 hours after a warrantless arrest. County of Riverside v. McLaughlin, 500 US 44 (1 ...[text shortened]... rested under a warrant, they should have already been arraigned before a Federal judge under Rule 5.
I think the Feds should just unboard the windows, take down the barricades, move all the Federal offices to Bend, and let the barbarians have the building as the head quarters for their new Portland autonomous zone. Let Ted Wheeler clean his own mess and all the commie Portland attorneys can start enjoying a six hour commute.
@sleepyguy saidThe Feds still do have functioning automobiles or did Antifa destroy all those? It's a nice 1 1/2 to 2 hour drive down to Eugene which has a federal Courthouse. https://ord.uscourts.gov/
If only the courthouse wasn't all boarded up and under assault every night.
I think the Feds should just unboard the windows, take down the barricades, move all the Federal offices to Bend, and let the barbarians have the building as the head quarters for their new Portland autonomous zone. Let Ted Wheeler clean his own mess and all the commie Portland attorneys can start enjoying a six hour commute.
And they just arraigned 7 defendants at the Portland Courthouse just two weeks ago, so I'm not sure it is even closed.
EDIT: It's website says there are 17 cases scheduled for today and makes no mention of the courthouse being closed: https://ord.uscourts.gov/index.php/ct-calendar/portland/day.listevents/2020/07/20/-
20 Jul 20
@no1marauder saidWhy advertise which vehicles they're using so BLM/Antifa can set them on fire with their peaceful Molotov love bombs?
The Feds still do have functioning automobiles or did Antifa destroy all those? It's a nice 1 1/2 to 2 hour drive down to Eugene which has a federal Courthouse. https://ord.uscourts.gov/
And they just arraigned 7 defendants at the Portland Courthouse just two weeks ago, so I'm not sure it is even closed.
And Eugene is a college town full of commies too.
20 Jul 20
@sleepyguy saidSo, defendants should be held without a court appearance until right wingers like yourself think the "commie" threat has sufficiently abated?
Why advertise which vehicles they're using so BLM/Antifa can set them on fire with their peaceful Molotov love bombs?
And Eugene is a college town full of commies too.
Sounds kinda familiar ..............................................................................