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Culture War Roundup for the week of September 19, 2022

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More developments in DeSantis' political stunt of sending some migrants to Martha's Vineyard.

If you didn't already know the migrants were not even in Florida when they got on the flight. The migrants started in San Antonio, Texas. The Bexar County Sheriff (which covers San Antonio) has announced a criminal investigation into the matter. They do not currently have the names of any suspects or particular statutes in mind that may have been violated but they have started an investigation. I'm not an expert on Texas law but it seems to me their law on unlawful restraint may be applicable. The law provides:

(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:

(A) force, intimidation, or deception;

...

(a) A person commits an offense if he intentionally or knowingly restrains another person.

Did DeSantis' agents move a person from one place to another by deception such that the persons so moved did not consent? Seems like it to me! If any of the people so moved were children under the age of 17 the offense is a state jail felony otherwise it is a Class A misdemeanor.

On the civil front some of those same migrants have filed a class action lawsuit against DeSantis (maybe flying them to the island full of rich lawyers was unwise.) There are 12 listed causes of action in the complaint (starting on page 23 in the pdf). These range from violations of constitutional rights (since this was ostensibly done under color of law, using state government funds) to regular torts like false imprisonment, fraud, and infliction of emotional distress (intentional and negligent).

I will lodge the prediction that this will prove to be a self-own. The optics here are already horrendous. 53 migrants dead in the back of a truck is a statistic, 50 getting a free vacation to Martha's Vineyard is a human rights violation. Whose rights? Why, the right of rich, progressive Sanctuary Citizens to not have to look at poor brown people, of course.

And now they're keeping this disaster in the news for months to come with the prospect of bilking thousands of billable hours from leftist billionaires and money laundered NGOs to engage in blatant lawfare over a free plane ticket to a sanctuary city, after refusing to pay for a single hotel room for a single migrant? The "Democrats want illegals to have more rights than you, and then charge you for making them look at a poor person" ads practically write themselves. This is "Umbridge as a comic book villain" territory.

Whose rights?

How about the constitutional rights of people on US soil to not be arbitrarily seized and transported by agents of the state? The asylum seekers themselves have rights, which are the ones that were violated.

  • -28

I think Desantis' stunt here was stupid and may be a marker for the end of the Republican Party based on them cheering for a clear waste of taxpayer dollars.

But seized?

That's just as gross an exageration as the fools saying that Martha's Vineyard "kicked out" the 50 immigrants. Shame on them, and shame on you.

What do you think is required for you to be "seized" within the meaning of the fourth amendment? From the complaint:

Particularly after the individual Plaintiffs had boarded the airplanes and were in mid-air, Plaintiffs were not free to leave, and were induced into that condition through false promises and misrepresentations. This constitutes a governmental termination of Plaintiffs’ freedom of movement through means intentionally applied.

  • -18

I think it will be extraordinarily tough to prove they were deceived without some sort of contract or audio recording of exactly what they were told. All DeSantis has to say is that he gave them a brochure about Asylee benefits for if they get approved and that Boston is a major city in MA and a good place to head towards once they land.