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Oh but it does....an officer even in the line of duty can be charged with a crime.
Does not apply to federal officers enforcing federal law. In additional federal officials in the performance of federal duties are immune from prosecution in state courts Unless the federal government consents. Without that officials must bring the charges to federal court (28 USC 1442)
How will they assist police? Are they taking direction from them? are they accountable to them? What are they going to do?
How will they assist police? Are they taking direction from them? are they accountable to them? What are they going to do?
Oh but it does....an officer even in the line of duty can be charged with a crime.
The Phili prosecutor has a case. The so-called federal officers are dressed in green military fatigues, which are easily available, with no clear agency affiliation, or badges or identification. Even their vehicles are unmarked. There is no way to distinguish these people from armed vigilantes. Moreover, they are beating citizens who did not provoke them, hauling into unmarked SUVs and detaining them, all of which are crimes. In my book, they are subject to arrest.This will not end well
Philadelphia's Top Prosecutor Is Prepared to Arrest Federal Agents
After numerous reports and lawsuits in Portland regarding un-badged and un-uniformed federal officers arresting, beating, and detaining people in unmarked vehicles, the Trump administration’s response is that they’re going to do it even more, and in more cities. Saying that his federal agents are doing a “fantastic job,” Trump has suggested that he will also deploy agents in New York, Chicago, Philadelphia, Detroit, Baltimore and Milwaukee to do the same.
In one of those cities, the city prosecutor has already preemptively warned Trump’s police forces what he will do if they bring the same tactics to Philadelphia:
“My dad volunteered and served in World War II to fight fascism, like most of my uncles, so we would not have an American president brutalizing and kidnapping Americans for exercising their constitutional rights and trying to make America a better place, which is what patriots do,” said Philadelphia District Attorney Larry Krasner in a statement. “Anyone, including federal law enforcement, who unlawfully assaults and kidnaps people will face criminal charges from my office.”
Normally, the Supremacy Clause gives a federal official immunity from state criminal law while carrying out federal law or duties -- while acting within the scope of federal duties.They can be charged, but state officials cannot conduct this prosecution in their own courts. It must be carried out in federal court.
And this effectively means Oregon prosecutors have to navigate federal court procedure they don’t regularly practice in and the jury pool is all of Oregon and not just super liberal Multnomah County. Which means a guarantee of no convictions since outside of a few populated cities there is no support for Antifa in Oregon.
They can be charged, but state officials cannot conduct this prosecution in their own courts. It must be carried out in federal court.
And this effectively means Oregon prosecutors have to navigate federal court procedure they don’t regularly practice in and the jury pool is all of Oregon and not just super liberal Multnomah County. Which means a guarantee of no convictions since outside of a few populated cities there is no support for Antifa in Oregon.
The Phili prosecutor has a case. The so-called federal officers are dressed in green military fatigues, which are easily available, with no clear agency affiliation, or badges or identification. Even their vehicles are unmarked. There is no way to distinguish these people from armed vigilantes. Moreover, they are beating citizens who did not provoke them, hauling into unmarked SUVs and detaining them, all of which are crimes. In my book, they are subject to arrest.
See post 181. In Idaho v. Horiuchi, 215 F.3d 986 (9th Cir. 2000) an FBI agent shot and killed an unarmed woman during an FBI raid on a ranch in Ruby Ridge Idaho. The state prosecuted but the court, relying on Neagle, dismissed the charges.This is incorrect. If a federal officer commits - for example - a murder in a state, the state prosecutes that officer.
This is incorrect. If a federal officer commits - for example - a murder in a state, the state prosecutes that officer.
See post 181. In Idaho v. Horiuchi, 215 F.3d 986 (9th Cir. 2000) an FBI agent shot and killed an unarmed woman during an FBI raid on a ranch in Ruby Ridge Idaho. The state prosecuted but the court, relying on Neagle, dismissed the charges.
The Portland incidents are different, in my opinion, and don't meet the standards set in Neagle for immunity.
Normally, the Supremacy Clause gives a federal official immunity from state criminal law while carrying out federal law or duties -- while acting within the scope of federal duties.
Neagle, 135 U.S. 1 (1890) established a two-prong test for this type of immunity from state criminal law: (1) Was the officer performing an act that federal law authorized him to perform? (2) Were his actions necessary and proper to fulfilling his federal duties? If the federal officer satisfies this test, he or she is immune from prosecution for violation of state law.
The argument the State official will make is that these "officers" are acting as rogue thugs -- outside of any federal authority and/or they are far exceeding any proper federal mandate or duty. Whoever dispatched them violated the Tenth Amendment and the 'officers' lack a legitimate federal duty. Beating up peaceful civilians, I'd argue, are not actions necessary and proper to fulfilling federal duties and therefore fails at least one of the tests in Neagle, and therefore are prosecutable in state courts.
It’s all on video. We all saw the Navy vet merely asking a question with the thugs responding by beating him with a baton, breaking his wrist. The video went viral and is impossible to deny.No “peaceful citizens” have been subject to use of force.
It’s all on video. We all saw the Navy vet merely asking a question with the thugs responding by beating him with a baton, breaking his wrist. The video went viral and is impossible to deny.
First, immunity is the core issue. Can’t remand without the concept established in Neagle.Immunity is irrelevant. Once a trial is remanded to federal court there’s a 99% percent chance of hung juries if not acquittal.
The judicial district in Oregon is the entire state and in all likelihood any empaneled jury will include jurors from rural areas who won’t send an agent to prison for Antifas sake
First, immunity is the core issue. Can’t remand without the concept established in Neagle.
Second, my argument is that these so-called officers are committing acts outside of performing any legitimate role or duty, and there can indeed be prosecuted in state court.
There is no duty on a citizen to prove to the police beyond a reasonable doubt he wasn’t carrying a weapon or lasers or firearms. All duties are on the government to prove guilt.Approaching a police line during a violent riot, force was used to move him back away from them. The nicieties of normal police stops don’t apply in riot situations. Plus this man didn’t prove to the police beyond a reasonable doubt he wasn’t carrying a weapon or lasers or firearms before he approached them
First, immunity is the core issue. Can’t remand without the concept established in Neagle.
Second, my argument is that these so-called officers are committing acts outside of performing any legitimate role or duty, and there can indeed be prosecuted in state court.
There is no duty on a citizen to prove to the police beyond a reasonable doubt he wasn’t carrying a weapon or lasers or firearms. All duties are on the government to prove guilt.
Yours is also a ridiculous argument— they beat him because he couldn’t prove he didn’t have a weapon. Really? They could have searched him, Mr. Chief Justice.
Moreover, there was no riot going on at the time. You are just making that up.
Oh but it is kidnapping, because they did not have direct knowledge of a crime committed by that person who was snatched off the street...and they didn't observe him committing a crime...being a protester is not probable cause or any of those things.
Your multiple posts on this forum tell the readers that you haven't a ****ing clue as to who is a ****ing communist.
I think this attorney should be more concerned with the people being killed in his city.
Philadelphia shootings surge in 2020 as 23 people shot in one day
Philadelphia’s gun violence epidemic reached alarming heights Sunday, as 23 people were shot across the city — the most in a single day since at least 2013. Six of the victims died, including a 6-year-old boy who police believe was mistakenly shot by a 5-year-old boy inside an Upper Holmesburg rowhouse.
this city prosecutor is an asshole who should step down.
Trump trying to defend innocent people from the crimes of these thugs and this city prosecutor is aiding and abetting.
maybe this guy should be more worried about the 6 year old that was just killed.
Police said most of the cases had not yet resulted in arrests. On the block where the 6-year-old was killed, neighbors said they were shocked to learn a child died inside with other kids nearby.
so where is this prosecutor at?
#runaway from leftist run cities people.
it is your only way to survive and have your kids survive.
I think this attorney should be more concerned with the people being killed in his city.
Philadelphia shootings surge in 2020 as 23 people shot in one day
Philadelphia’s gun violence epidemic reached alarming heights Sunday, as 23 people were shot across the city — the most in a single day since at least 2013. Six of the victims died, including a 6-year-old boy who police believe was mistakenly shot by a 5-year-old boy inside an Upper Holmesburg rowhouse.
this city prosecutor is an asshole who should step down.
Trump trying to defend innocent people from the crimes of these thugs and this city prosecutor is aiding and abetting.
maybe this guy should be more worried about the 6 year old that was just killed.
Police said most of the cases had not yet resulted in arrests. On the block where the 6-year-old was killed, neighbors said they were shocked to learn a child died inside with other kids nearby.
so where is this prosecutor at?
#runaway from leftist run cities people.
it is your only way to survive and have your kids survive.
Oh, look at you. So afraid of chaos and disorder. You really like everything neat and tidy, everything in its place, just like a real fascist, huh?
The mayor interacted with a large, chaotic, unruly crowd. He spoke with people at the crowd, he interacted with them directly and personally, and he used persuasion instead of force. That is what makes him a real leader, and Trump an imposter. And the crowd was not universally hostile, nor universally friendly, that's true. The mayor may not ever win over every protester, and that's okay. This is what it's like to live in a Democracy and it's beautiful.
Federal agents sent to Baltimore will be 'prosecuted,' Mosby says
BALTIMORE —
Baltimore City State's Attorney Marilyn Mosby alongside Philadelphia's District Attorney penned an op-ed in The Washington Post Thursday, denouncing President Donald Trump's threat to deploy federal agents to their cities.
In the piece, Mosby said, "If President Trump sends militarized federal agents to Baltimore City to attack our citizens by making illegal arrests, kidnapping people, assaulting them, or committing any other crime, they will be prosecuted by my office."
The op-ed comes days after Trump hinted at the possibility of sending federal agents to several cities as a way to deal with unrest.
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