A federal judge in Oregon says he can no longer assume ICE agents are telling the truth in their arrest paperwork, declaring Monday that live testimony is now “necessary” after finding that warrantless arrests are still being made and facts are being “fabricated in official records” by immigration officers.
In a 50-page opinion, U.S. District Judge Mustafa Kasubhai ruled that ICE repeatedly violated an existing court order governing warrantless immigration arrests in the Beaver State, with inaccurate reports, missing records and accounts that did not match what actually happened.
The judge’s loss of confidence in the agency was so pronounced that he withdrew the usual presumption that government officials have properly performed their duties.
No one should have presumption of honesty
cops lying and fabricating evidence? heaven forfend
So… surely this is felony perjury?
Most state laws have provisions that mirror federal law. The New York state penal code provides for various degrees of perjury crimes and criminal offenses for making apparently false statements. At the lower end, perjury in the third-degree is a class A misdemeanor offense. This crime involves making a false statement while giving testimony under oath or in a subscribed written instrument when under oath. The crime rises to a felony offense of perjury in the second degree when:
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The statement is material; -
Made in a subscribed written instrument; and -
Made to mislead a public official in his official functions
The offense can become a felony charge of perjury in the first degree when the false statement is material and occurs during testimony.
Yea even cops who get caught doing this face repercussions. Where are the rules!!
You dropped these: ‽‽‽
the rare interrobang
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I’ve been saying ti for decades. In any questionable arrest, without bodycam footage corroborating their story, the LEO’s testimony is immediately thrown out. It seems anytime something goes wrong, people die unnecessarily, bodycams seem to conveniently malfunction, data is “corrupted” or somehow gets deleted.
And as I’ve been saying for at least a year now, the vast majority of shit ICE has been doing has been completely illegal.
They’re fabricating warrants.
Everyone who did that needs to never leave a prison; everyone who was convicted of some kind of resisting an unlawful ICE arrest needs to be pardoned, exonerated, compensated.
But yes, 100% agree with your idea as well. Stop pretending cops are better, or even as good as the average citizen.
Hold them to an actually higher standard, instead of a lower one.
It’s amazing how obvious this seems. I’ve heard this same sentiment for decades from all sorts of people. That cops and authority figures should be held to higher standards than the populace.
Right?
The entire rhetoric used around LEOs in the legal system is that they are “held to a higher standard”, but the incredibly obvious conclusion from a modicum of research into how the legal system treats LEOs is that they are given a bunch of privelege and preference and deference, thus, are held to a much lower standard… when we also just know how often they abuse those things, we have the data lol.
Its basically formal gaslighting?
Yeah this has never made any sense to me, its so obviously presented as the polar opposite of the actual reality.
It’s one of the many reasons why I’m kinda done with the concept of “The benefit of the doubt” when it comes to the area of government right now. The entire system is allergic to accountability, to the point that we can’t even make it priority when it’s obvious its sorely needed like with Jeffries/Schumer and Trump.
So tired of the whole thing that I’m ready to rebuild from better foundations.
can no longer assume ICE agents are telling the truth in their arrest paperwork
I’m amazed this was an acting assumption in the first place. I know trial lawyers on both the defense and prosecution sides, and everyone always assumes the cops are lying either directly or by omission. The question is only how, and whether it is detrimental or beneficial to one’s position in the case.
It’s a legal principle called the presumption of regularity that legally requires the judge to assume that the government is acting in good faith when cases involving the government are heard.
The lawyers doing the litigation are not bound by it, but the judge is. The article mentions it by name in the very last paragraph.
“The presumption of regularity directs the courts to assume, unless clear evidence indicates differently, that government officials have properly discharged their duties, acted in good faith and followed required procedures.”
It’s a high evidentiary bar to overcome, but this judge had enough to throw it out. Pretty sure this decision, and others like it, are part of why Harmeet Dhillon is walking away from the Department of Justice now.
“Presumption of honesty” is the standard way for a court to treat government officials. For it to be officially revoked like this is actually a huge deal.
This is a good development. It’s the kind of thing that they needed to have their ducks in order before they could do though.
It will be interesting to see what they do next.
Police and courts are parallel entities and “criminal justice” basically falls apart if they don’t play ball with each other. They aren’t going to assume malfeseance from their own enforcers.
Stephen Miller and Greg Bovino not only lied to these bounty hunters that they didnt need to follow procedure but told them they would be above the law and protected forever.
Wait til they realize theyll be fired before they get those bonuses
Do you have a moment to talk about our lord and saviour the apostrophe? We’d also like to tell you about punctuation in general.
Now do all pigs, not just ICE.
