anti_dan
18hr ago
So? Maybe Turkey gets excited. Maybe the US gets taken over by lefties and imposes a blockade.
anti_dan
18hr ago
I mean, its an easy heuristic to read Wikipedia and realize that it represents the most far left case that can be plausibly levied under their rules.
Even so I was alone during 2nd intifada, it was a terrorist campaign supported by all the relevant Palestinian parties in government, so that necessarily includes him and Arafat. If you have a lexis media account you can probably make a better assessment using only transcripts from the trial and contemporaneous media accounts, although even then they were generally Palestinian -leaning, as we see with Arafat winning man of the year
anti_dan
19hr ago
A brief googling indicates that he is clearly a terrorist and he is popular because of that plus the martyr status of being imprisoned.
If he was released and was a five in Gaza he's quickly be on a pike.
anti_dan
19hr ago
Western countries will intervene of 1 appears to be happening. They will not of 2 appears to be happening.
anti_dan
4d ago
Well the question is whether the court will indeed slap them down right now.
My point is that if you adopt the medical board framing, you basically give away the cow to anyone who wants it.
anti_dan
4d ago
Its not absurd. This profession is people talking in a room. The state, under the guise of medicine, is regulating the content of those words.
anti_dan
4d ago
You have to call back to the original post. One of the questions that the Supreme Court is wrestling with in the case is "what is medicine". /u/cjet79 proposed the definition of:
Is it licensed and regulated by a state or federal level medical board? If yes then it's medicine, if not then it's just speech.
What this implies, is that a state could give itself the legal power to suppress any form of speech by merely making whatever form of speech is in question require a medical license from the state medical board.
anti_dan
4d ago
Okay, but what if the state wants to regulate radio transmissions and gives the board the ability to impose sanctions on rogue radio broadcasters? Is the radio now a medical treatment?
anti_dan
4d ago
And if the state delegates the power to a medical board because they think the 1st Amendment is icky then???
anti_dan
5d ago
Cops, federal or other, dont decide whether your license is fake. They run it through a system, typically known as LEADS. If you pop on the system and are an American citizen without an arrest warrant issued for you, you are in the minority, maybe 0.1% probably less. And in most of those cases it is because you had your identity stolen at one point.
Everything gets checked. Sometimes frustratingly slowly. But the slowness is because of the things that prevent people from being hanged the morning after arrest, not things working in the other direction in 99.99% of cases.
anti_dan
5d ago
The ICE are wearing masks because if they dont they rationally think their children will be killed. That is it. If you think ATF agents have sustained prolonged sieges of major ATF buildings you want to compare these to, please do.
anti_dan
5d ago
Invisible fences exist and are common. They also are easy for the dog to understand. They are clearly defined boundaries with geographic markers at all times. You train the dog on them at what we think is mild discomfort levels of pain so they stay in the yard and dont get hit by a dump truck. But also they get to be in the freaking yard! Which toddlers (who are smarter than said dogs) dont get to do unsupervised.
anti_dan
5d ago
Shock collars are used to keep your dog from running into the street by underground fencing your yard.
anti_dan
5d ago
A large part of the disconnect you are seeing is that clearly this dog is not properly trained. Its fully grown. If it knew its job was to lay there he wouldn't have a shock mechanism to keep it there. Perhaps from time to time he would have to remind the dog to get back to its position. Dogs that are well trained are very obedient.
Instead he chose a different path with physical pain that still appears to be ineffective due to his own negligent training.
anti_dan
5d ago
I dont know this specific story, but dogs, as part of their nature, love running. If their running was naturally transformed into human worth they dont give a crap.
Dogs dont naturally love being shocked.
anti_dan
5d ago
Given the amount of time he has had this dog, and the delay in his response, the dog has no real understanding that it has a job or occupation, unlike properly trained occupational dogs, which, it is important to note, we fail out most potential candidates for even to this day. That means, most dogs are not capable of being occupational dogs, unless the occupation is something like ratting or foxhunting for the appropriate breeds. Sitting still for a several hour podcast is not an occupation any dog breed has been bred for.
There is no real defense of this video I saw other than dogs having zero moral valence or some bizarre long running joke on this program that needs to be explained.
anti_dan
5d ago
I got a chuckle out of this. On one hand, is a cell phone enough to win a criminal case? No. But when it is stacked up with the rest of the evidence, often yes. I recently got sent one from my friends at the state police where 2 guys, wearing the same disguises, robbed 3 places in about 4 hours. Both with cell phones in the pocket placing them at every site. Then they got caught with the car a few days later (which was stolen). Good work fellas.
anti_dan
5d ago
That is question begging of the real sort. A state medical board could say it has authority to regulate radio programs, and under your definition, that would make radio broadcasts medical treatments.
anti_dan
5d ago
The rest of the case is on PACER, there are several unavailable documents that, most importantly, stake out ICE's position, as well as the order granting the TRO.
However, if I take the judge's written orders at face value I think the original article was not as misleading as I had anticipated.
Basically, I thought the article was describing the normal application of 18 USC 3142(d) (and analogous provisions in the immigration law, particularly 8 USC 1226) and the associated rules of criminal procedure (such as rule 43) where a detention-eligible defendant is physically unable to be brought to court, in this case because he is hospitalized.
Instead, what appears to have happened is a very odd plan by ICE. I don't know why they did what they did, whether it was just laziness, forgetfulness, pants on head level stupid, or an intentional ploy to generate a test case.
Again, in a normal case, you'd file charges or file for removal and then go to a judge and say, basically, "hey we know the statute says we have to release this guy in 10 days, or have a detention hearing. We can't have a detention hearing because he can't come to court because he's in the hospital." Then the judge sets it over a few days or weeks depending on the diagnosis and then you have the hearing once they can come to court. ICE did not do this. Why is the question, because there were entirely well worn legal ways to keep this fellow detained.
Arguments for laziness/forgetfulness: This case is in California. ICE in California is essentially blockaded within its own facilities. To actually fingerprint and process the defendant requires them to get him into the facility or a similar facility (which local municipalities won't let them use), and then he'd have to be taken back to the hospital. This is a lot of work for essentially finalizing what in their mind is a formality. Once he's fingerprinted they know they have the right guy, and by the way he's in the hospital so he's not "really" being detained in that he can't go somewhere he needs to be.
Arguments for pants on head: This appears to be pants on head stupid. They could just file the right paperwork for a removal proceeding and have mooted this entire habeas petition.
Arguments for intentional test case: The petition itself appears to be highly focused on, and critical of what they call the DHS “Interim Guidance Regarding Detention Authority for Applicants for Admission,” which according to the petition "claims that all noncitizens who entered the United States without inspection shall now be deemed “applicants for admission” and subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A)." This is a new interpretation of the law that ICE and DHS appear to be intent to apply to this fellow. It is easy to see why, this new interpretation, if adopted by courts, would make their lives much easier. It also apparently has many other "test cases" pending which largely are being pursued in places like California that have mostly hostile judges, so DHS has fared quite poorly (at least according to the petition). On this last point, I think the petitioners really have a point. That new guidance is likely to fall and never be reviewed by SCOTUS because it is pretty dumb.
So, that is basically what I am able to glean from the very incomplete record in the case, because most of the documents are not available even to someone with a standard PACER account that normally gets you all the filings in most cases.
anti_dan
6d ago
The government is deploying the military because of civil violations. Other types of civil violations involve running a red light, building a deck without a permit, accidentally spilling a small amount of pollutants, filing your taxes late (this is closest), letting your dog roam unleashed. If they are merely enforcing the current law, why in this manner? Does or should the military repel down helicopters to clear entire buildings and check everyone's tax documents on the presumption of guilt? Why is it doing differently here? If the law is wrong, why are they not changing regulations etc.?
If this kind of violence was being deployed against the EPA enforcing its anti-deck regulations during the Obama administration what do you think the result would be? I expect multiple governors would already have been arrested.
anti_dan
6d ago
States rights has never been about preventing the feds from enforcing legitimate federal laws. It has been about saying certain laws are illegitimate (not applicable to immigration), certain laws are unwise on the federal level (same), and that the federal government can't force states to enforce laws they dont consider moral (also no applicable unless there is a new U of I Law Review article I am unaware of arguing arson, aggravated battery, and and attempt murder should be decriminalized).
anti_dan
6d ago
As far as I can tell nothing is preventing Congress from passing a law to make it mandatory, other than "congress has decided it no longer needs to do its job".
Congress is doing its job of being partisan. Democrats do not want E-Verify to work, so they oppose legislation that would make it work. That isn't not doing your job, its just doing your job in a way that gets stagnant results. The fact that large numbers of Democratic voters prefer a functioning E-Verify, and overwhelming numbers of Republican voters prefer it is of no moment if they do not punish at the polls non-compliance with that desire. Republican voters have carried out that displeasure via Trump, Cotton, etc. Democrat voters have not punished this specific non-compliance with their expressed policy desires, so the elite Democratic party position remains unchallenged in law until enough voters get angry to put 60 yes votes in the senate.
*Alive
And Israeli leadership does not coordinate direct attacks on civilians. There was enough direct evidence to tie this particular fellow to 5 deaths directly.
If you are me, you think he is a terrorist because he and his minions are consistently too cowardly to wear uniforms.
Others might call his operations war activities. Sure, wear uniforms or you are just committing war crimes, again, with intentionality imputed to leadership.
If you think international law is a fiction, then he's just a loser who lost.
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