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A Thread for Democrats Being Useless

I believe there are actual students of law, and/or lawyers in the forum that can put this to rest. Then again, MAGA doesn't really care about actual law.
 
theprestige said:
No, that's what the arraignment hearing is for: to tell you what you're being charged with, so that you can mount a proper defense.
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And here we are, 4 days later. After the ICE agents claimed they had a warrant that no one else can see.
theprestige said:
That said, the police will typically explain to you what they're arresting you for - often after they've effected the arrest itself. And of course their articulation of the circumstances, their suspicions, and their probable cause is in the police report, to which you are entitled a copy.
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Also, typically, an agency with jurisdiction would also do the arresting
theprestige said:
But no, the matter of probable cause and the charges to be filed is not resolved instantaneously at the time of arrest. It's usually a multi-day process at best, from the time of arrest, to the probable cause and arraignment hearings.
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They claimed they had a warrant for his arrest. Granted, they also said his student visa had been revoked sooooo....
 
We don't really have to pretend, because we know what this actually is: The Trump administration wants to deport people who say things deemed impermissible by the administration. The "party of free speech" was a lie from the beginning, and the people who fell for it would rather justify absolutely intolerable behavior rather than admit to making a mistake.
 
Maybe spilt the thread? In fact I can make one right now. "ITT the fascism apologists argue for arresting people for exercising their freedom of speech".
 
I Am The Scum said:
We don't really have to pretend, because we know what this actually is: The Trump administration wants to deport people who say things deemed impermissible by the administration. The "party of free speech" was a lie from the beginning, and the people who fell for it would rather justify absolutely intolerable behavior rather than admit to making a mistake.
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They also lie about being party of law and order and family/xtian values, etc.
 
given that Israel doesn't give Palestinians the Right of Return, where is the Trump administration going to deport him to?
 
thaiboxerken said:
You are wrong. It is a violation of the 4th amendment to arrest a person without probable cause or a warrant.
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You didn't contradict him. Yes, a warrant or probable cause must exist for a lawful arrest. But that is tested at the preliminary hearing, not at the time of arrest. That's his point, and your response doesn't contradict or change that.
 
The Great Zaganza said:
there was no warrant - or even accusation.
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Neither of those are necessary to effect an arrest.
The Great Zaganza said:
The claim was that he was in the country illegally - which he wasn't.
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I'm not familiar with this claim? Who made it, and where can I see it? I agree it's an incorrect claim on its face.
The Great Zaganza said:
A judge made it clear that there is something fishy going on - so what makes you think you know better?
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What makes any of us think we know better than a judge whose rulings we disagree with.

I'm not dismissing the idea that there's something fishy going on - or at least something incompetent. I just disagree with some of the claims made here about the order of operations in criminal due process.
 
And yet, no crime has been charged, or even proclaimed. and it's been longer than required. I expect law enforcement to be sued because of this. No probable cause was declared, at all.
 
theprestige said:
Organized and participated in protest rallies at Columbia, where he distributed literature promoting Hamas.
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Really? Because:
The Department of Homeland Security said in a social media post that it had arrested Khalil because he has "led activities aligned to Hamas," without elaborating. DHS spokespeople did not respond to Reuters questions.
U.S. law forbids, opens new tab providing "material support or resources" to groups the U.S. has designated as terrorist organizations, including Hamas, the Palestinian-nationalist Islamist group that governs Gaza and controls the territory's militant wing. That law does not define or prohibit "activities aligned to" these groups, and DHS spokespeople did not respond to questions about their accusation.
Neither department has said Khalil is accused of giving material support to Hamas, or of any other crime.
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From Reuters: https://www.reuters.com/world/us/us...ster-columbia-university-students-2025-03-09/

From all the known evidence, it appears that Trump is arresting people for simply being too loud about Gaza.
 
Donal said:
Typical to ship them across the country with no formal charges and threatening to deport a permanent resident?
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typical to be separated from his family in detention
Donal said:
Its been 4 days
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It can actually be a lot longer.
Donal said:
Then he shouldn't be detained in an ICE facility in Louisiana.
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Detention precedes preliminary hearing precedes charges
Donal said:
then get his ass out of there and at least to a facility in the area where his 8-month-pregnant wife can see him. And maybe present some formal charges. ICE agents claimed they had a warrant, they should have formal charges ready.
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That's not how warrants or charges work. And family is not automatically entitled to contact with detainees.
Donal said:
He was effectively disappeared. Again, you can't discuss the merit, so you need to cry about language.
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I can and have done both. His detention has none of the effects of an effective disappearance.
 
It's sad that MAGA people will defend Trump having this person arrested, despite the known lies Trump's regime has already said about this person. Trump has also made it know that he wants all protestors arrested on college campuses.
 
thaiboxerken said:
It's sad that MAGA people will defend Trump having this person arrested, despite the known lies Trump's regime has already said about this person. Trump has also made it know that he wants all protestors arrested on college campuses.
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I wonder what the ratio of people who love this ◊◊◊◊ is to people who don't really like that this happened, but suffer from an obsessive need to defend or handwave everything their cult leader does. I imagine some trumpkin reading about the student being arrested, putting their head in their hands for a few seconds, sighing deeply, and getting to work defending, excusing, or misrepresenting the arrest and disappearance. Then a few days or weeks pass and they'll have internalized that the arrest was neccessary and/or okay for some reason, or Dump and the fascists will come up with something else to grab the headlines and the cult will forget about the whole thing.

Edit: I wonder how often they stop to think about what they're doing, too. I remember when the CT threads were really active and CTers would actually go quiet for a few days if dealt a severe enough blow. As another poster put it, they probably spent the time browsing CT forums and watching videos until their cognitive dissonance went down to manageable levels, then they were back on the JREF forums with full conviction again, with some new link to some crackpot theory or video. The trumpkins seem to have these strange AFK periods, too. I guess they pray to the mugshot of Dump on their living room wall and watch OAN until their faith returns.
 
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theprestige said:
typical to be separated from his family in detention
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Across the country in the custody of an agency that does not have jurisdiction? There are federal detention facilities in Manhattan and Brooklyn. Even if ICE had jurisdiction, there is a facility in Orange County, about 90 minutes north and in Elizabeth, NJ about the same to the west.
theprestige said:
It can actually be a lot longer.
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They claimed they had a warrant.
theprestige said:
Detention precedes preliminary hearing precedes charges
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Across the country in the custody of an agency that does not have jurisdiction?
theprestige said:
That's not how warrants or charges work. And family is not automatically entitled to contact with detainees.
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They are entitled to see the warrant.
theprestige said:
I can and have done both. His detention has none of the effects of an effective disappearance.
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You can't justify this
 
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