• dhork@lemmy.world
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    2 months ago

    I had been reading elsewhere that the Justice Department had already gone to two Federal judges to press charges against him, only to be denied. I am interested to see whether they bothered a third time, or simply took him into custody without the paperwork, because they could.

    Who’s gonna stop them?

    • mkwt@lemmy.world
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      2 months ago

      They did some wildly unprecedented legal maneuvers to try to get these warrants.

      1. Went to magistrate duty judge, who approved 3/8 warrants.
      2. Went to that judge’s manager, Chief Judge Schlitz. He didn’t outright deny the warrants, he just wanted to take a few days to think about it.
      3. That wasn’t good enough. They went to the judge-manager’s manager, the 8th circuit court of appeals. In a sealed emergency petition for writ of mandamus.
      4. Judge Schlitz was required to defend himself in this mandamus action with two hours of notice and he wasn’t even allowed to read the papers.

      Since the mandamus action failed, it seems likely that the government has gotten a grand jury indictment. Which process bypasses judges nearly entirely.

      Note that it’s pretty normal to get indictments first in the federal courts (before the current times), because if the feds arrest someone on a complaint, they have a 30 day deadline to get that indictment. If they don’t arrest first, there’s no deadline and they can retry as many times as they want.

      So normally the feds only use complaints when they need to get someone off the street urgently. These feds use complaints because they only care about splashing the perp walk on social media. They don’t care what happens to the case after that.

    • ameancow@lemmy.worlddeleted by creator
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      2 months ago

      Who’s gonna stop them?

      They’ve had more than those two failures in the judicial system, they’ve been hammered by their own judges over and over again recently, just stuff that never gets publicity.

      They probably know that they’re going to face massive legal repercussions for this action, and will never get it to any kind of trial, but they’re just trying to send a message.

      They’re bad at it though, they don’t know how to fascism properly, so they’re going to have to release Lemon and then claim to have some kind of power after being shot down by more legal institutions.

      When other dictatorships do these actions, they usually have the legal system locked-down already. Don’t let the corruption of the Supreme Court make you think that the entire country’s judicial branch is cooked, the USA is HUGE and has a LOT of power in states.

      • Kirp123@lemmy.world
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        2 months ago

        You think? Their track record with Grand Juries is not the best. They tried to indict the sandwich guy 2 times through a grand jury and failed, had to downgrade the charges to misdemeanors since don’t require a grand jury and then the jury in the misdemeanor trial acquitted the guy.

        My guess is they used an administrative warrant, those have no real oversight and they’ve been using them a lot.

        An administrative warrant is a warrant obtained from a judge by an administrative body to search for violations of administrative rules and regulations. While similar to a criminal warrant, an administrative warrant requires a lower standard of probable cause to be granted. Administrative warrants are governed by 49 USC §32707.

  • taiyang@lemmy.world
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    2 months ago

    Without the context I felt super out of the loop, but no, it’s the church protests that’s being treated as some crazy hate crime that it isn’t. I just didn’t expect Don Fucking Lemon to be involved, lol.

    • Noblesavage@lemmy.world
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      2 months ago

      Don Lemon was there as an independent reporter interviewing the protestors and church people as the protest was going on. I just watched Legal Eagle’s video about the protest yesterday.

      Basically, it boils down to the federal government pushing to get a perp walk (photos of the alleged criminal in handcuffs being walked by “authorities”) to plaster photos of them all over social media to make the accused look bad. As Legal Eagle says, it’s the federal government making content and doing it for the memes.

      Once they’re arrested, federal lawyers TRY to get them in front of a judge to get them (protestors and Don’t Lemon now) convicted of something, but in this case a whole bunch of judges have said, “What you’re doing doesn’t make sense and hasn’t been done before, but if you want to try this case in front a grand jury - go ahead.” The judge knows they won’t because they’ll lose so the case eventually gets dropped - but hey, they got some good photos of people they don’t like!

  • SillyGooseQuacked@lemmy.world
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    2 months ago

    There’s a concept in law enforcement whereby arresting one person dissuades others from doing similar things.

    I wonder if the Trump admin doesn’t want reporters in Minneapolis. /s

    • ameancow@lemmy.worlddeleted by creator
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      2 months ago

      Yah but these fuckwads also are powered by the same people who turned our world into an attention-based economy, and the more they create drama somewhere, the more people will rush there for clicks and views and throw themselves in front of widely hated ICE agents to try to get confrontations on camera.

      They’re fascists trying to make a new fourth reich, that’s for sure. But they’re actually really bad at it. These clowns are shooting themselves in the dick every day.

    • TankovayaDiviziya@lemmy.world
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      2 months ago

      There’s a concept in law enforcement whereby arresting one person dissuades others from doing similar things.

      It doesn’t even have to be about being arrested. The threat of lawsuit, broadcasting licences not being renewed, or business acquisition of a media company by another not being approved by the government elicits enough fear to corporate journalists. These are done well before using threat of arrest to suppress free press.