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Only a few months ago Operation Midway Blitz commenced, also known as the Trump Invades Chicago story. There are still ongoing legal disputes as fallout from the operation. Most recently, a federal appeals court decided that a district judge's order to release 600 ICE detainees after one stage of the operation was no bueno. Although the court did reaffirm certain due process requirements. The consent decree that supervises that due process expires in February, so Trump admin may just sit and wait till then.
I was more interested in belatedly sharing an update to another happening during the Trump-Chiraq conflict which was discussed here. Marimar Martinez was shot multiple times by an CBP/ICE agent after her and one other allegedly rammed their vehicle into an CBP (ICE) vehicle. According to the government, she was a known activist participating in a "convoy" that sought to track, annoy, or disrupt ICE operations in Chicago. Media at the time reported government claims that the agent saw a pistol on or nearby Martinez while she approached him in her vehicle. Her lawyers said her legal carry pistol remained in her purse during the incident.* The statement from the Justice Department at the time of the shooting:
In November, Martinez (and an Anthony Ruiz with her) had all charges dismissed with prejudice. Seemingly, the case fell apart for a few reasons. For one, the CBP took pictures of the vehicle for evidence after the incident, but then released it back to the agent involved in the shooting. He drove the vehicle back home to Maine where the CBP repaired the vehicle. Defense attorney jiu jitsu on a technicality? Maybe, but if you're going to cite car ramming in an attack, then the cars seems like important evidence. Further, after the incident the cop did the cop thing. He pumped five rounds into a person who allegedly attacked him, then told his buddies about his marksmanship on Signal: "I fired 5 rounds and she had 7 holes. Put that in your book boys. Read it. 5 shots, 7 holes."
Video footage, possibly bodycam footage, was referenced by the defense attorneys in multiple news reports. This footage remains sealed and non-public even after the dismissal. Crass cop shop talk and accusations of inappropriate evidence collection might not alone lead to charges dismissed if there exists footage that substantially supported the government's story. One would expect further litigation if the footage and other evidence was totally exculpatory. Maybe everyone got away with something here and that no one is dead for it seems a consolation prize. Verdict: no movement on federal law enforcement meathead-unprofessional scale because, despite the above average marksmanship, this does seem rather meathead-y and unprofessional.
Since apparently the courts unilaterally extended that "consent decree" once, why wouldn't they just extend it again?
True. For others, Judge Cummings ordered this extension of 100 days as a
punitiveremedy for the DHS declaring the consent decree as expired before it had expired. Cummings being the same district judge as above whose order to bond the detainees was rejected by the appeals court. It would need to be a different kind of reasoning. I don't know how these work, but I do know consent decrees are meant to be mutually agreed upon. One would hope this limitation is respected, but, yeah, wouldn't surprise me. I imagine the admin would fight that one.More options
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