Across the country, a new defense is being heard in state and federal courtrooms. From Democratic members of Congress to judges to city council members, officials claim that their official duties include obstructing the official functions of the federal government. It is a type of liberal license that excuses most any crime in the name of combating what Minn. Gov. Tim Walz called the “modern-day Gestapo” of the Immigration and Customs Enforcement (ICE).
The latest claimant of this license is Rep. LaMonica McIver (D-NJ), who was charged with assaulting, resisting, and impeding law enforcement officers during a protest at Delaney Hall ICE detention facility in Newark, New Jersey. McIver is shown on video forcing her way into an ICE facility and striking and shoving agents in her path.
This was not a major incursion, but these state and federal officials joined a mob in briefly overwhelming security and breaching the fence barrier after a bus was allowed through the entrance. Federal officials were able to quickly force back the incursion.
McIver and House Democrats insisted that McIver’s forcing her way into the facility might be trespass and assault for other citizens, but she was merely exercising “legislative oversight.” Rep. Alexandria Ocacio-Cortez (D., N.Y.) declared “You lay a finger on someone – on Bonnie Watson Coleman or any of the representatives that were there – you lay a finger on them, we’re going to have a problem.”
Rep. Eric Swallwell (D., Cal.) promised more such actions: “I promise you there’s gonna be more un-noticed visits by my colleagues where they show up and they better be let in.”
Minority Leader Hakeem Jeffries (D., N.Y.) even ominously warned the federal government that Democrats would bring down the house if it tried to charge McIver: “It’s a red line. They know better than to go down that road.”
Well, the red line was crossed in a big way after Acting U.S. Attorney for the District of New Jersey Alina Habba charged McIver with a felony under Title 18, United States Code, Section 111(a)(1).
The ACLU called the charge “authoritarianism” and insisted that these state and federal politicians “have every right to exercise their legally authorized oversight responsibilities for expanded immigration detention in New Jersey.”
The problem with the oversight claim is that McIver’s status as a member of Congress does not allow her access into closed federal facilities. Congress can subpoena the Executive Branch or secure court orders for access. However, members do not have immunity from criminal laws in unilaterally forcing their way into any federal office or agency.
If that were the case, Rep. Alexandria Ocacio-Cortez would not have posted images of herself crying at the fence of an immigrant facility, she could have climbed over the fence in the name of oversight.
Conversely, Republicans in the Biden Administration could have simply pushed their way into the Justice Department to seek the files on the influence-peddling scandal.
Yet, the point of the claim is less of a real criminal defense and more of a political excuse.
It is the same claim being heard this week from Worcester City Councilor Etel Haxhiaj who was shown in a video shoving and obstructing ICE officers attempting to arrest a woman on immigration charges. Two other individuals (including a Democratic candidate for a school board) were arrested, but not Haxhiaj who claimed that she was merely protecting “a constituent.” After the melee, the city manager issued an order preventing city police from assisting in any way in the carrying out of such civil immigration enforcement efforts by the federal government.
Even judges are claiming the same license. In Wisconsin, Judge Hannah Dugan has been charged with obstructing a federal arrest of an illegal immigrant who appeared in her courtroom. Dugan heard about agents waiting outside in the hallway to arrest the man and went outside to confront the agents. She told them to speak to the Chief Judge and that they needed a different warrant.
The agents complied and the Chief Judge confirmed that they could conduct the arrest. In the interim, however, Dugan led the man out a non-public door and facilitated his escape (he was arrested after a chase down a public street).
Judge Duggan also claimed that she was carrying out her duties even though her hearing was over, the charges were not part of state matter, and the arrest was being carried out outside of her courtroom. She was declared “a hero” by Democratic politicians and pundits.
As Democratic leaders like Walz engage in rage rhetoric and paint Republicans (and federal law enforcement) as Nazis, political violence is on the rise across the country. Many of the people burning Teslas and engaging in such crimes claim the same type of license that the ends justify the means. That includes affluent professionals who are now shoplifting from Whole Foods as a “protest” against Jeff Bezos meeting with Trump.
When the Administration sought to investigate those burning Teslas and dealerships, Rep. Dan Goldman (D., N.Y.) denounced it as a “political weaponization” of the legal system. The comments suggest that such arson is somehow a form of political expression on the left.
House Minority Leader Jeffries was correct that a “red line” was crossed but not the one that he was thinking of in threatening consequences for any charges. The red line is the one separating political expression and criminal conduct.
Border Czar stressed repeatedly to political leaders that they can protest and refuse to help but “you can‘t cross the line” into obstruction and interference with their operations.
If oversight means that members can force their way into any federal facilities, we would have 535 roaming inspectors general who could wander at will through the executive branch.
Rep. McIver would be better to claim a different type of oversight, in allowing her passion to briefly overwhelm her judgment in rushing into the facility.
In the end, however, McIver and Duggan may have a license of a different kind.
Both have the advantage of being charged in liberal districts where they would appear before sympathetic jurors. They need to just convince a single jury to engage in “jury nullification,” to vote based on the cause, not the crime, in the case.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
A shorter version of this column appeared in the New York Post.
I find it strange how Turley seems to avoid commenting on major developments that appear to be central to his area of expertise. The latest is that SCOTUS will not review a major copyright case, not because such a review isn’t warranted on merit, but because so many justices have recused themselves because of potential conflicts of interest stemming from personal business relationships related to one of the parties that a quorum cannot be formed. I find this situation unacceptable and intolerable. Lest anyone try to segue the discussion into debate on copyright and trademark law, let me state that as a libertarian and a free market advocate, I do not have sympathy for such regulations, but that is not on point. SCOTUS failures of this kind will only further exacerbate the public’s (rightfully, imo) diminishing faith in our judicial system. In addition, this particular failure could well fuel misguided and/or cynical demands to increase the number of SCOTUS justices as a direct solution to the quorum issue, and I believe such an expansion would be unwise, and potentially worsen other existing SCOTUS issues. I think that the solution is for an internal SCOTUS rule, or possibly legislation, eliminating or strictly regulating acceptance of outside income by SCOTUS justices. The advantage of doing this by legislation would be that it could be applied to all Federal judges, not only SCOTUS justices. While similar issues in lower Federal courts have not made the headlines, I find it very difficult to believe that those issues do not exist, and lack of scrutiny suggests to me that they could be substantially worse at those levels. The argument will likely be made that if judges are restricted from gleaning outside income, they will not be willing to serve in those positions. My rejoinder is to pay them enough to prevent that from becoming an issue. There seem to be ~647 current total Section III Federal judges and justices in the system, who appear to earn annual salaries of @250 – 300, 000. That would be a total of <$200MM/year. That may seem to be a lot of money to you or me, but in US budgetary terms, it is minuscule. We could, and I suggest, should, double or triple that, along with a prohibition of most outside income by Federal judges while in active service, thereby eliminating a potential problem and actual perception of bias. If even that level of income proved insufficient for a judge or justice to serve, I submit that the primary reason they are serving is to facilitate that outside income, and that they are therefore disqualified from the bench on the basis of pervasive biases.
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SCOTUS won't take up copyright case against Ta-Nehisi Coates after five justices recuse themselves
https://justthenews.com/government/courts-law/scotus-wont-take-copyright-case-against-ta-nehisi-coates-after-five-justice
I find it odd, you would post the same comment twice. You have health issues?
The British feel like strangers in their own country???
What the —- do actual Americans feel like?
Fascism goes away by reducing the size of government – reducing governemnt employment,
Reducing government spending. Reducing govenrment regulation.
Reducing govenrment meddling in the lives of citizens.
We are in the midst of the most antifasict administration in US history and you actual fascists HATE IT.
Franke thinks he is anonymous. He may soon find out otherwise.
The entire Democrat party today is a full on CRIMINAL organization.
They lie, they steal, they cheat, they obstruct, they resist, they spread HATE and INTOLERANCE.
That is all they stand for: Nothing good for the country or citzens of this country.
Whhat DO they represent? Not me, a law abiding, tax paying, citizen.
Who the heck do they fight for? Not me. Not citizens. Not America.
Eff them all. Scum of the earth POS’s.
Just look at Sen. Tim Kaine, for one example. He almost became Hillary’s #2. We dodged another bullet on that ticket.
Watch Kaine and tell me he does not LOOK like a freakin’ psychopath. He looks like one, because he is one.
Again, the country doged a. bullet.
Same as with Kamala the dumass and her running mate who is also a total Commie psychopath.
All Democrat politicians in Congress are full on freaks and psychopaths and stone cold liear and crooks.
The current Democrat party should NEVER be anywhere near national power EVER again.
LOCK THEM ALL UP.
That party needs to be destroyed and never to rise again.
They lie, they steal, they cheat, they obstruct, they resist, they spread HATE and INTOLERANCE.
Forgot the other characteristic of Democrats today: They are the party of VIOLENCE.
HATE. INTOLERANCE. VIOLENCE. CRIMINALS. LIARS. CHEATERS. EVIL. The party of pure EVIL.
Think of them as “The Brown Shirts”
And many of them when arriving at their homes today, will see their heart-warming lawn sign proudly proclaiming “Hate Has No Home Here”.
Also….look at disgraced James Comey closely….
NEVER trust a 6 foot 8 inch tall freak-a-zoid who has NO jaw bone.
He has NO jaw line. NO jaw bone.
What does that mean? WEAK. WEAK. WEAK.
And he proves it every time he opens his mouth.
Comey is an Effn power-hungry, power-abusing, lying freak.
And also a CRIMINAL.
LOCK him up already!
Ole Jimbo has no fear of the judicial branch, it is a wholly owned subsidiary of the communist (liberal, progressive, socialist, democrat, RINO, AINO) Deep Deep State “Swamp” party.
The singular American failure is the judicial branch, with emphasis on the Supreme Court.
The judicial branch is an antithetical, anti-constitutional cancer on the American body politic.
We can read the Constitution and it is never supported by its prime benefactor, the judicial branch.
You have no idea what the word “benefactor” means.
And the constitution itself explicitly says that the judicial power, i.e. the power to say what the law is, is vested in the federal courts. So they can’t be anti-constitutional.
Milhouse, I disagree. The constitution invest law making (which is saying what the law is) is the responsibility of the legislative branch. The judicial branch is vested with determining if the law is or is not in violation of the constitution and ensuring parties that come before them are complying with said laws (as written, not as with what they want it to say)
It’s not hard to see, the dem-o-rats love criminals more them they love Americans.
Let that sink in.
Your whole neighbor hood and love ones and in danger. Thanks DNC.
Obviously you don’t realize it, but the RNC is a criminal org too. Take some time and think about that. Reda your rep news channels. Its all there.
Right…. what party is protecting criminals Dem-o-rats.
Oh, Merrrrick, where are you?
Yea right. Comey just happened by the shells in the sand. You can picture it now. Little James gets a big idea. He takes his little pale in hand and scours the beach for shells to complete his genius project. He says, I’ve got all I need to complete the job. He knells in the sand and with joy (Behar) in his heart he begins his message to the world. With a smile likened to that of John Wilkes Booth he places his shells of many colors into the appropriate order in the sand. He takes a picture of his handy work so as to gleefully share it with all the world. He exclaims, look mommy did you see what a pretty picture I have made. His mommy replies, “Yes little Jimmy, you are such a good boy. However you could have made it more simple if you’d just made your little shells say shoot him in the head.” Little Jimmy smiles his little Lee Harvey Oswald smile and fills his bucket with sand.
Don’t you understand. Violence is just a tool in the tool box of the socialist revolution and it always has been.
Advocating murder is protected speech. Congress lacks the power to make it a crime.
Really: at this point I can’t distinguish a difference between modern dems and the criminals they protect. They must never hold majority power ever again, and we need to kill the roots that are already entrenched. This is no longer a partisan matter, the modern DNC is insane.
Any fool that still thinks they are voting for the party of JFK – I just don’t know what to say other than heaven help you, and may you fail.
So true. If you live in a dem-o-rat city or state. Get out before they put in 6ft under.
Not long ago, employing an illegal immigrant was disqualifying for judges and elected officials. Now they are protecting them.
And now folks are arguing that judges should be held to lower standards because they are judges.
The most sterling example of crossing “the red line between the rule of law and fascism,” was set by the rogue Biden DOJ that arrested and gulaged J-6 protesters without any true semblance of “due process,” that these protesting extreme-leftists are now screaming about—
where Biden’s executive agencies terrorized, hunted down and rounded up, many citizens, regardless of how benign their incursion; these natural born citizens/tax-payers were denied bail, denied basic pre-trial rights, denied speedy trials, put in solitary confinement without cause, sentenced inordinately with malice, and treated by jail-staff as badly as any Mexican Jail would have.
House democrats didn’t care very much about the rule of law, at that time. They never stood against the J-6 illegalities, if only on moral principle.
The fact that they excused and applauded all the J-6 illegalities is clear and incontrovertible proof that fascism ACTS BLUE !
Back to Topic: Officials Claim a Dangerous License for Illegality.
This isn’t a license for Illegality – it is rhetoric AND ACTION for the removal of law and democracy.
US House of Representatives Member LaMonica McIver’s message and rhetoric was absolutely clear — “[Put on your brown shirts, put on your arm band, march with me in our bierhall putsch against the Nazi’s and attack the Gestapo]. Roll into the streets and FIGHT – burn those stores, cars, and houses of those who should be on the train to Dachau for re-education. When you do so their earnings and homes will be auctioned or given to you. No one will notice YOU ARE the attackers using against those you have identified and categorized as found guilty at least idealistically of the exact same actions.]”
And this rhetoric and action is BEING USED – with violence. Not just standing on the street corner protesting.
With a reassurance there is no need to worry. Abbie Normal, Kevin Clinesmith, Marc Elias, . . . will attack from the pulpit cross-dressed as “Blind Justice” and worse case, you will be martyred with parking tickets, or a 2 year reservation in a luxurious federal hotel where you can each write your own version of “Mein Kampf”.
McIver’s belly is a deadly weapon!!
A knock on Franke’s door soon??
great
Liberal (i.e. divergent) license. It’s only logical.
That said, principles matter.
In August of 1990, Iraq invaded Kuwait.
Five months later, the Iraqis webe bombed out of Kuwait.
If such a feet was possible in Kuwait, then something similar should
be possible in Ukraine. This war has been going on 7 times longer than it
should have been because someone has made the decision NOT to let bombs rain down on Russian positions in Ukraine, which they very well could have done, and can still do.
That’s what I would have done as president.
https://en.wikipedia.org/wiki/Gulf_War
The war started with a coup, progressed with Kiev assaulting Ukrainians in the South, then East in a Slavic Spring. Then the Russians got involved to abort the ethnic conflict. As with all abortions Planned and spontaneous, there is always a chance for persistent viability.
What a load of poppycock. Can you prove this scientifically?
That is what is claimed by some, but humans have been known to lie for political gain.
At that time Kuwait and the mideast were a crucial national security interest of the United States. Ukraine is not.
The US is not the policemen of the world. Many of our allies are bad actors.
Ukraine IS a national security interest of Europe. Thus far they have provided money and weapons, and nothing else.
There is only one requirement to defeat Russia in Ukraine – that is a significant nation willing to send its sends and daughters to fight and die in Ukraine.
The US is rightly unwilling to do so. We have provided LOTS of money and weapons and we could continue to do so. Those weapons have made it possible for Ukraine to hit Russia back hard. Nut they have not changed the fact that barring a miracle Ukraine will eventually lose this war. And by the time they do the already staggering death toll will be 2 or 3 or more times larger. There is not enough money and weapons in the west for Ukraine to defeat Russia
That requires boots on the ground. This is a war of attrition. Ukraine needs to inflict casualties at a rate of 5:1 to survive. Thus far they have managed 3:1 among soldiers – but counting civilians the ration is about 1:1.
Can the US change the tide – absolutely – the same way we did in Kuwait – with boots on the ground.
BT Iraq was not bombed into submission – as effective as our bombing was it still took boots on the ground.
To equate Iraq with Russia is beyond stupid. Did Iraq have 6,000 nukes with missiles that can reach the US?
In Desert Storm, the US knocked out Iraq’s air defense system at the outset, gaining complete control of the airspace. In Crimea and Eastern Ukraine, neither side controls the airspace. So the bombing runs you suggest would be suicide missions at present.
And we are all thankful you are not president. And never will be.
At some point these activists will meet the full force of the law and have to explain their actions in civil disobedience to a jury. If they don’t stop soon, someone will get hurt and the odds are always with the determined state in matters of insurrection.
Activists 😂
I believe the Silent Majority agrees with Trump.. we just want simple, respecteful law and order, including from our elected officials! i.e., no shoving.. no pushing.. no smashing & grabbing.. no knocking people down & jumping on them til their brains are smashed in… no carjackings.. no molotov cocktails.. no bombing of facilities.. no burning down buildings.. no more being afarid to walk in your own neighborhood at night.. no more being accosted for money in the parking lot.. no more illegal immigrant gangs stalking you or your property.. etc. https://x.com/i/status/1924870003041415185
eighteenthhole,
Us sane and normal people call that common sense. As they have displayed by their actions, some of which you mention, and the ICE body cam video of the mob at the NJ ICE detention facility, they clearly do not have common sense. Nor is that what they want. They want chaos. They want lawlessness. They are perfectly fine with some random guy cutting a woman off, and then punching her in the head because she is driving a Tesla. Molotov cocktails tossed at police cars.
They wanted to be on the nightly news. Circus stunts play well and btw not on their dime but yours. Drag it out for publicity and think of all the cronies who’ll step up and the cash flow. Keep a running tab on the cost and don’t, DON’T hire your gigolo as your defense attorney, LaMonaca.
Keep a tab ….include the cost of all the free publicity via MSM 😏.
If nothing happens to these law-breaking Democrats, it will create a much more dangerous world, especially for all of them.
If law-abiding citizens feel like Democrats are always getting away with routinely breaking the law, what’s to stop the folks who are on a different side of 2A than Democrats from deciding to do the same?
“It is a type of liberal license that excuses most any crime . . .” (JT)
First the D’s politicize the law to create “criminals.”
Now they politicize the law to destroy actual criminality.
At least they’re consistent: The law is whatever they wish it to be.
Thank you Critical Legal Theory.