Post B2lC1KGh8HqWhAbo4e by anarchris@mastodon.social
(DIR) More posts by anarchris@mastodon.social
(DIR) Post #B2kNhi0q9AlGpxe4US by Nonilex@masto.ai
2026-01-28T14:59:30Z
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#GiftArticleFirst Comes #ICE, Then Come LawsuitsWhen a direct path to #justice is blocked, #states must look for a legal work-around.By Aziz Huq#law #Trump #immigration #Constitution #CivilRights #FirstAmendment #DueProcess #UseOfForce #ExcessiveForce #PoliceBrutality #ExtraJudicialKillings #murder #ICE #CBP #Sturmabteilung #MafiaState #StateSponsoredTerrorism #AbuseOfPower #authoritarianism #autocracy #fascism #tyranny https://www.theatlantic.com/ideas/2026/01/minnesota-legal-response/685768/?gift=guxsrl_dAdXUP9zqbQPWxVsH1rIkGX0WmxVlNt4rHH0
(DIR) Post #B2kNxJAsGKMWR6mEsq by Nonilex@masto.ai
2026-01-28T15:02:22Z
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American citizens have been brutalized, pepper-sprayed, & killed on the streets of #Minneapolis. For many, one particular breakdown is a final, damning cause for despair: Minnesota’s apparent inability to investigate & potentially prosecute the #FederalAgents responsible. The #DHS on Saturday reportedly blocked #Minnesota officials from examining the scene of #AlexPretti’s #shooting. Access was refused even after #state officials got a #judicial search #warrant.#law
(DIR) Post #B2kO7IGyTA2aXHOLpY by Nonilex@masto.ai
2026-01-28T15:04:10Z
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As a result, key forensic #evidence was almost certainly lost. This comes after state officials were excluded from the investigation into #ReneeGood’s death.#Federal #obstruction of #Minnesota’s #criminal investigation merits more creative pushback from the #state: Leaving investigations in the hands of #DHS alone sends a powerful message to #ICE officers.#law
(DIR) Post #B2kODV0e1mjrm7iFKS by Nonilex@masto.ai
2026-01-28T15:05:16Z
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It tells them that even if they effectively execute a #US #citizen who presents no threat on camera on a public street, they will face no consequences—a recipe for future tragedies. The state’s interest in finding a way to at least create some deterrence to deadly federal lawlessness is not just a matter of #justice: It is also a way of keeping its people safe moving forward.#law #Trump #immigration #Constitution #CivilRights #UseOfForce #ExtraJudicialKillings #ICE #CBP #Sturmabteilung
(DIR) Post #B2kONtWTk4rAhLYlMG by Yoshi@toot.community
2026-01-28T15:07:07Z
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@Nonilex Call up the citizen militia and arm them with weapons from NG armories.
(DIR) Post #B2kOfjGmbNT26wiqRc by Nonilex@masto.ai
2026-01-28T15:10:23Z
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…when a direct path to #justice is blocked, #states need to find a work-around. The federal prosecution of the #Minneapolis officers responsible for #GeorgeFloyd’s death offers a model. E.G., officers Tou Thao, Thomas Lane, & Alexander Kueng were held criminally liable for acts beyond the killing. 1st, they failed to provide medical assistance to Floyd as he was dying. 2nd, Lane & Kueng made misleading omissions, while Kueng also lied to investigators in the immediate aftermath of Floyd’s death.
(DIR) Post #B2kOsoVMRu0i70mRGK by Nonilex@masto.ai
2026-01-28T15:12:43Z
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Drilling down on these facts reveals specific paths forward for #state #prosecutors even when a direct investigation is blocked.Evidence of these 2 kinds of #crimes has already emerged in the 2 recent #ICE killings. After #ReneeGood was shot, ICE agents blocked a physician from aiding her. #Minnesota #law not only imposes misdemeanor liability for failures to aid in general, but in #shooting cases obligates the person who fired the wounding shot to “render immediate reasonable assistance.”
(DIR) Post #B2kPBkIsIHaoaFy2nA by Nonilex@masto.ai
2026-01-28T15:16:11Z
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When a #shooting victim then dies, penalties in #Minnesota for failing to aid the injured person can involve up to 2 yrs imprisonment.In l #AlexPretti’s case, the #obstruction of key #evidence-gathering steps gives #state #prosecutors another potent opening, especially because #ICE agents acted in overt defiance of a #judicial #warrant. Minnesota has a #criminal #ObstructionOfJustice statute that applies to situations in which someone prevents officers from carrying out official duties.#law
(DIR) Post #B2kPOi2i0iNtKwaUDY by Nonilex@masto.ai
2026-01-28T15:18:29Z
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You don’t get much more official than executing a #judicial #warrant. Concealing #evidence after the fact is a separate offense that also fits what is publicly known about both the #ReneeGood & #AlexPretti cases. The resulting #criminal penalties would attach to anyone who conspired in that concealment. This could reach more senior figures in the #Trump admin who acted to hinder #justice by using #lies & #slander to deflect responsibility &—worse—to score political points from the deaths.#law
(DIR) Post #B2kPoxLlijMiLD1BJI by Nonilex@masto.ai
2026-01-28T15:23:16Z
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#Minnesota, & other #BlueStates, should also enact new laws that make #federal #obstruction harder. The #AlexPretti case shows that #ICE officials were willing to ignore a #state-court #warrant. Perhaps anticipating that, Minnesota officials went to federal court on Saturday, potentially after the scene of Pretti’s #shooting had been compromised, & obtained a temporary restraining order about #evidence preservation. The legal basis for such orders, however, may be fragile.#law
(DIR) Post #B2kQ1NfDiERfQW2aX2 by Nonilex@masto.ai
2026-01-28T15:25:30Z
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#Minnesota & other #states would thus do well to shore up their capacity to get a rapid federal-court injunction against #EvidenceTampering. For technical reasons, there is a specific way to make sure this possibility is always available∶ Enact a #law that allows a state’s atty to seek damages of >$75k against anyone who has violated the constitutional rights of a MN citizen. Then allow the state’s atty to file suit in federal court, & to expeditiously seek a bench warrant to preserve #evidence.
(DIR) Post #B2kQ9bNoaXYWIDotCy by Nonilex@masto.ai
2026-01-28T15:27:00Z
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In practical effect, this would be a device to transform ICE’s #obstruction into not just a violation of #state #law, but also of a #federal-court order.#Criminal #liability by its nature comes too late to stop harms from happening. #States such as #Minnesota should also look to #CivilLaw as a basis for stopping baleful & unlawful #ICE tactics. This also requires some creative thinking—taking a legal tool designed for other purposes & fitting it to our new reality.
(DIR) Post #B2kRRxYiyeV2ElEwt6 by Nonilex@masto.ai
2026-01-28T15:41:28Z
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Many #states have what’s called a public-nuisance #law. This allows the state to go to court & get an injunction against the use of a property in ways that disrupt life for many around it, such as, for example, if a quarry produces noise & vibrations that make it hard for those in the neighborhood to sleep, or if the odors of a feedlot make using a particular street intolerable.
(DIR) Post #B2kRUaTjFMM5WT9lEO by Nonilex@masto.ai
2026-01-28T15:42:00Z
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#States have reached beyond this sort of historical usage recently, employing public-nuisance laws creatively even when the problem is not tied to one specific piece of land. For instance, they have brought public-nuisance suits against opioid makers, gun sellers, companies responsible for lead contamination, & Confederate monuments. Public-nuisance #law has proved a malleable stopgap when other kinds of regulation fail.
(DIR) Post #B2kRah3FinN7e6gT56 by Nonilex@masto.ai
2026-01-28T15:43:06Z
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It’s not a big leap to see an application here. If fentanyl production or the existence of a Jefferson Davis statue can be legally deemed public nuisances, why can’t a deluge of #violent, #masked, & #armed people flooding the streets of a city, #maiming, #brutalizing, & even #killing along the way? This deluge is perhaps even closer to a classic public nuisance because it involves an activity that impedes the safe & orderly use of public streets.
(DIR) Post #B2kRkm3BzRgi2uSkG8 by Nonilex@masto.ai
2026-01-28T15:44:55Z
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Minnesota’s public-nuisance #law has a useful wrinkle—one that other #states worried about prospective #ICE deployments would do well to imitate. It allows #attorneys for the state to obtain injunctions against a “criminal gang.” A gang, in #Minnesota law, is simply “any” group of people who repeatedly violate certain #criminal laws. It doesn’t matter whether they work for the Latin Kings or #StephenMiller. What matters is that they create an ongoing risk of #violent #harm to the #public.
(DIR) Post #B2kRxMGdA9tpqSkUUq by Nonilex@masto.ai
2026-01-28T15:47:12Z
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A public-nuisance injunction could focus on specific people or tactics, or sweep more broadly. Such an injunction, moreover, would single out #ICE officers’ #unlawful, #violent acts, as distinct from the lawful performance of official duties. Though certain immunities for federal officials are recognized, it is hard to see why they would apply to a public-nuisance injunction focused on #lawless acts.#law
(DIR) Post #B2kS2m4AfbZvJ7VHiy by Nonilex@masto.ai
2026-01-28T15:48:10Z
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That said, there’s no guarantee here∶ #SCOTUS under Chief Justice #JohnRoberts has shown itself willing to create new & unprecedented legal immunities for #federal misconduct without a scintilla of historical support. It could always do so here too.#law #PartisanCourt #ActivistCourt
(DIR) Post #B2kSEuzxHqcqU6K3CC by Nonilex@masto.ai
2026-01-28T15:50:22Z
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To be clear, a public-nuisance suit would face daunting odds. It might seem implausible on its face to say #ICE is a “nuisance,” especially before one accounts for the #ReneeGood & #AlexPretti killings. But #states need to reach for every possible tool to meet the moment. And the legal theory behind a public-nuisance ICE injunction stands on firmer ground than the #TenthAmendment suits filed in recentweeks by #Minnesota & #Illinois.#law
(DIR) Post #B2kSTA4m1c8vIkMrnU by Nonilex@masto.ai
2026-01-28T15:52:56Z
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Unlike these constitutional cases, a public-nuisance complaint flexes a well-recognized & historically based exercise of #state #sovereignty. True, its application is novel. But that simply tells us that we live in a moment of new political challenges.Until now, #states & #cities have been in denial about those challenges. They have not grasped the profound & potentially irreversible rupture in #federal-state relations that’s under way.#law
(DIR) Post #B2kSgRm9Wsr1xbzdAn by Nonilex@masto.ai
2026-01-28T15:55:20Z
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They have moved slowly, encumbered by a belief that a reversion to the old ways of #federal - #state cooperation might still be possible. The killings of #ReneeGood & #AlexPretti — & the federal response to those killings — ought to put this lingering nostalgia to rest. A return to the days of state-federal cooperation will not happen unless the #states reassert themselves to protect their citizens & punish federal #lawlessness.#law #Trump #CivilRights #UseOfForce #ICE #CBP #Sturmabteilung
(DIR) Post #B2kUQy4Bu8wXNsB2My by lawyersgunsnmoney@mstdn.social
2026-01-28T16:14:52Z
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@Nonilex This
(DIR) Post #B2kWZVzjqONCprIWNE by adamsfan@mastodon.social
2026-01-28T16:38:49Z
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@Nonilex duIf ICE is working on a base given only by internal guide lines, with untrained and improper so called "agents", it must be possible to show a counterreaction on a base of existing laws. Why isn' that done, immediately, and consequently?? If ot, everyone knows what is to happen next. Just a continuation of ignoring of civil rights, further brute force, further injustice.
(DIR) Post #B2kY0Emq1zeVEqZOUq by darwinwoodka@mastodon.social
2026-01-28T16:54:55Z
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@Nonilex Yeah the Nazis thought they had immunity too
(DIR) Post #B2lC1KGh8HqWhAbo4e by anarchris@mastodon.social
2026-01-28T18:38:41Z
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@Nonilex Plenty of laws exist in every state, it's the will to enforce them thats lacking. If the police lack the will, then take their guns, and defund them. Plenty willing to defend their neighbors, give them the tools required.
(DIR) Post #B2lC45kjYcToXqyi8W by philcoyote777@mastodon.social
2026-01-28T18:27:00Z
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@Nonilex I say rehabilitate them. All power to the people.
(DIR) Post #B2lTthe881Dg3j5Lgu by Beachbum@mastodon.sdf.org
2026-01-28T17:59:19Z
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@Nonilex also in the Renee Good murder. The officer walked up to her car looked inside, turned around and mentioned for somebody to call 911. He never offered aid and then they all absconded the scene. #deplorables
(DIR) Post #B2lUZKZmIEK6fdtojw by cynthia@ioc.exchange
2026-01-28T19:03:08Z
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@Nonilex Here is some of what California is doing to prepare https://laist.com/news/politics/california-democrats-plans-for-confronting-ice-taxes-lawsuits-location-bans