The horizon is not so far as we can see, but as far as we can imagine

Tag: ICE

America’s Leaders In Waiting Have Identified Themselves

This was the situation when they fired:

Right hand holding his phone. Left hand on the ground. Zero threat to anyone. His gun, holstered, which he never went for, had been removed by an agent.

This is an execution. The Agent has not been positively identified (though there’s a possible ID floating around), and was immediately removed from Minneapolis. The ICE agents attempted to keep local police from the scene.

This is the best summary I’ve read:

an ICE agent physically assaults an annoying woman who is whistling at him to antagonize him, Pretti steps between the officer and the woman to protect her, Pretti is the restrained by 5 officers on his hands and knees, one of the officers notices he is armed and yells “gun,” an ICE officer disarms Pretti and while running away accidentally discharges the weapon, then another ICE agent reacts to the negligent discharge by shooting Pretti in the back multiple times while he is on his hands and knees.

No one has been charged, I can’t tell if there’s any investigation into the shooting: there certainly isn’t a federal one, and the local governor and mayor appear to be wimping out: going thru the motions without any attention of charging anyone.

This isn’t the first ICE execution, and who knows how many have occurred that weren’t filmed. Then there are all the people dying in detention, where they routinely keep 80 people in a cell, lights on all the time and beat people who ask for medical aid.

One of the ICE agents applauded when Pretti was killed. When Renee Good was killed the agent who shot her called her a “fucking bitch” and refused to let a doctor help her.

Police in the US are almost always bad. The job attracts authoritarians who like the idea of being able to push people around, but even the minimal safeguards were let loose on ICE and the Border Patrol—they took the job because they like being able to hurt people without even the remotest possibility they might be held accountable.

This is part of a larger pattern. The Trump administration ignores about a third of all court orders against it. Just ignores them. The rule of law has completely broken down in America at the elite and enforcer levels. It was already mostly broken, but there was a final red line: elites smarter than Trump weren’t willing to obviously ignore courts. Perhaps important people might ignore Congressional subpoenas, but Congress wouldn’t actually institute contempt against them, so the facade remained.

Now law is gone entirely. The first, second and fourth amendments are in tatters. Habeas Corpus is dead, ICE and the BP just routinely ignore it. This a common law protection, centuries old. (In the UK they’re making it illegal for jurors to not convict people if the judge disagrees, ending jury nullification.)

Civil liberties seem like “nice to have”, and so does the rule of law, but they aren’t. Without them a society can’t function. That whole “high trust” thing goes away, and no one trusts anyone else. The economy grinds to a halt and civil society collapses.

The silver lining here, the hope, is that Minnessotans have come together to resist this. Thousands of people, not just protesting, but feeding those who can’t leave their houses, helping legally, and putting their bodies on the line. There are good people left in the US, but what they need to recognize is that fixing this requires replacing almost every member of the current elite: Walz has failed, Congress has failed, business has mostly been supine to trump as have universities. Everyone who’s in a position of power, whose duty and responsibility it is to resist has either failed or not even tried.

What needs to be done is to note the ones who tried or resigned rather than engage in illegality and immorality. Go after everyone else, replace them and if they actively engaged in evil, convict them and send them to prison. Put the people who did resist back in, not just politicians but prosecutors and judges and city councillors and so on, and then fill the rest of the ranks with people who went out on the streets in Minnesota and elsewhere and put their bodies in the way of evil, or who otherwise meaningfully resisted.

These are the people who proved themselves. When the brownshirts came,  they are the ones who stood up. We now know who is actually moral, who is actually brave and who can actually be trusted when the chips down. This is the new leadership cadre, if Americans are wise.

Not saying this will be done, but these are the slivers of hope. The Brownshirts came.They were resisted. Those who actually resisted proved themselves.

Those should be your leaders. Anyone who failed should be out or in prison.

 

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There Is Only One Fast Route Back After Trump

Trump’s administration is routinely ignoring court orders. It’s often refusing to let attorney’s see clients. It’s not respecting Miranda rights. It claims the right to enter homes without warrants and routinely searches without cause. It’s violating habeas corpus every day. ICE and the border patrol (the border patrol is often lumped in with ICE, but many of the worst abuses have been theirs) are brownshirts or Gestapo, whichever analogy you prefer.

The Supreme Court has let most of Trump’s crimes thru, and Trump has massively increased in his wealth in just one year of the Presidency. Trump routinely blackmails Americans, forcing them to do what he wants or he’ll use the power of the Presidency against them

The rule of law is broken in the US. Law is not just about following the letter, though that level is broken, it’s about intent. The fourth amendment is a dead letter in America. Let’s be clear, it’s been in danger for a long time. The exception to the 4th amendment allowing warrentless searches within 100 miles of the border, which pre-dates Trump, was obviously bullshit and meant that two-thirds of the American population is subject to warrantless searches.

The rule of law’s obvious break-down began with pardoning Nixon. When Iran-Contra happened, the people involved had mostly worked for Nixon. They were not indicted. When Bush lied the country into war with Iraq his administration was full of men who had been with Nixon and involved in Iran Contra.

Biden pardoned his own son, an act of sickening nepotism which in a functioning country would lead to him being removed from office before his term end.

On the non-governmental side the crimes of the rich are almost never prosecuted. There was vast fraud leading up to the financial crisis, and no one was indicted for it. After the financial crisis banks systematically used fake signatures on documents containing fake information to foreclose on homes they had not right to. This was not just allowed, but encouraged by government.

The rich and powerful are almost immune to the force of law, but all along the effective rights of ordinary citizens have been under assault. Most people accused of a crime don’t get a trial and they are told that if they insist on one, rather than taking a plea bargain, they will spend much more time in prison. Mandatory sentencing laws have removed most of judge’s discretion and power has moved towards prosecutors. Step by step Mirana rights have been weakened by the Supreme Court. Warrants are often served without knocking, in violent fashion, and we all know that cops lie routinely on the stand and under oath.

Many of the worst abuses started overseas. Detainees were tortured, they couldn’t see lawyers, they have no rights. Thomas Neuburger makes the case that there is now a black site in Minnesota. What starts overseas eventually comes home.

The US is an oligarchy. An oligarchy where there is no rule of law if someone powerful enough wants to break the law.

There is only one road back from this.Mass prosecutions, starting at the top, with Trump and Vance and the cabinet members and family members who engaged in corruption like Jared Kushner and going right down to every ICE brownshirt who violated citizens rights and every prosecutor who went along. Every violation of rights, every major corrupt action.

Of course this means first that the Supreme Court and other parts of the judiciary which aided and abetted by ignoring clear constitutional directives need to be impeached and removed and if possible then themselves tried for crimes. Clearly draconian laws like the one allowing warrantless searches within 100 miles of the border must be repealed.

I don’t pretend that this suggestion is easy or likely. I think the odds of it happening are tiny. But it’s what’s necessary if the Bill of Rights, the Constitution and common law protections for for ordinary people are to mean anything. And it MUST include the powerful. If it’s just a few ex ICE agents getting their knuckles rapped it will mean nothing.

Precedents have been set for over 50 years now that the powerful can get away with doing almost anything awful to ordinary people.

End those precedents with a new one that they can’t, or lose all of your actual rights.

All rights come only from power. If you cannot enforce your rights you have them only if those with more power than you want you to. Every right that you allow someone else to lose, because you aren’t in the group losing rights, you will eventually lose.

More than anything else except stopping American participation in genocide, if I were American this would be my priority. Not even the economy is as is important, because without functioning and fair rule of law nothing else can or will work. If America, internally, is 100% “the strong do as they will, and the weak suffer as they must” everyone in the US who isn’t an oligarch is cooked and even if the rich don’t realize it, so is America as a nation.

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Another Mile to the End of Privacy—and Freedom

Privacy and freedom aren’t quite synonyms, but they are closely related.

he Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.

Those who want to know everything about you want to control you. Whether that is to get you to buy things, or to make you work harder, or to form  your opinions, or to be able to arrest you whenever they want (and have the data available to always have something on you), doesn’t matter much.

We had freedom, such as it was, because we couldn’t be tracked easily. More and more we don’t, and this is qualitatively different from most older surveillance societies, which did not have minute by minute records going back years and years.

You will never be free in this new state. Don’t do anything that could be used against you, even 50 years later when mores and laws have changed.


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