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PaperclipPerfector  1d ago (text post)   3267 thread views

Culture War Roundup for the week of December 22, 2025

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I'm surprised because I thought ICE's deportation orders are not the big swinging dicks of arrest warrants, which is why they say stuff like don't answer the door for them if they knock and they can't deport you. If an illegal alien's roommate can refuse to let ICE in and it is not obstruction, then why is what this judge did obstruction?

I think it is distasteful for the judge to interfere in a law enforcement activity to be clear, just not sure how they found her guilty.

They don't have to be the "big swinging dicks" to be covered under the charge. 18 USC 1071 states

Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined under this title or imprisoned not more than one year, or both; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine under this title, or imprisonment for not more than five years, or both.

The Justice Department helpfully lays out the elements:

Under 18 U.S.C. § 1071, the government must establish the following four essential elements: (1) a federal warrant has been issued for the fugitive's arrest; (2) the defendant had knowledge that a warrant had been issued for the fugitive's arrest; (3) the defendant actually harbored or concealed the fugitive; and (4) the defendant intended to prevent the fugitive's discovery or arrest. United States v. Silva, 745 F.2d 840, 848 (4th Cir. 1984), cert. denied, 470 U.S. 1031 (1985). Accord, United States v. Udey, 748 F.2d 1231, 1235-36 (8th Cir. 1984), cert. denied, 472 U.S. 1017 (1985); United States v. Bissonette, 586 F.2d 73, 77 (8th Cir. 1978).

But I think she was convicted on the other charge, 18 USC 1505, which fits rather less well. It fits about as well as the obstruction charges from Sarbanes-Oxley fit the J6 cases; it has one section specifically concerned with obstructing the Antitrust Civil Process Act, and the second is

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

Seems to me under the J6 precedent, this should be thrown out. This is not the kind of obstruction 18 USC 1505 was meant for.

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