Goons Meet Lawyer, Goons Lose

This is excellent, via Citizen Orange some immigration goons throwing their weight around think they can just arrogantly threaten and storm into this man’s apartment, except…he’s a veteran immigration lawyer and he knows his rights and the law, from Immigration Prof Blog, enjoy-

Please accept this letter as a complaint against Officers “John Doe” and Caroline Hum of USICE-San Francisco, who came to my private residence on the morning of February 4, 2008 at 8:15 a.m. My home address is ——————–, Apt 2, San Francisco, California.
I am a citizen of the United States and an attorney at law. I practice immigration law exclusively, with a particular focus on removal defense. I consequently have frequent interactions with employees of USICE and USCIS in San Francisco.
So, it was an interesting coincidence that two ICE officers rang my doorbell this morning–having bypassed the street security gate and buzzer that most people understand to be an indication that the 12-unit apartment building is not open to the general public. At 8:15 a.m., as I happened to be discussing case strategy on the phone with co-counsel regarding a bond hearing the same day, my apartment doorbell rang.
I opened the door and was greeted by Officer Hum. She identified herself as an ICE officer. She was accompanied by a male officer, who did not identify himself. Officer Hum stated that she was looking for an individual, but she had difficulty articulating the individual’s name.
I inquired whether the officers possessed a judicial warrant to enter the premises. The officers did not respond. I then stated to the officers that I declined to answer any questions, and I stated to them that they needed to leave. Officer Hum then stated “that’s fine, we’re just going to wait here until you come out.”
After I closed the door, the unidentified male officer stated, “I’m going to kick your door down.” He also threatened me with prosecution for alien harboring.
I continued to speak to the officers through my closed door. I again inquired whether the officers had a judicial warrant to enter my premises, as the male officer had stated he would forcibly enter my residence. They did not respond. I stated to the officers that they were not entitled to forcibly enter my home without a judicial warrant.
I next instructed the officers to leave the common space of my apartment building, unless they had other business at the building. The officers refused to promptly leave. I informed them that they must leave private property when requested if they did not possess a judicial warrant. I stated that I would call the San Francisco Police Department.
The male officer inquired whether I was the manager of the apartment building. I informed him that I was not the manager, but that I had a right to possession of the common area, and that I chose to exclude the officers from the common areas of the building. I further stated to the officers that they had no claim to possession of the property. The male officer stated that “your claim is not valid.” He stated that he would contact the apartment building manager, which I invited him to do. There is no on-site building manager. Control of the premises is exercised by the residents.
The officers then continued to loiter directly in front of my apartment door for approximately 15 minutes. This made it difficult to continue my phone conversation with co-counsel regarding the bond hearing. Due to the lay-out of my apartment, it is easy to overhear conversations through my front door. The doors are also made of shaded glass. Out of courtesy, the residents do not loiter in front of each others doors because of the invasion of privacy this causes.
Towards the end of the exchange, I asked the officers why they were at my residence, to which they did not respond. At this point, I disclosed to the officers that I am an immigration defense attorney and that I would therefore decline to answer any questions related to their enforcement efforts. Officer Hum then gave me her contact information and I believe the officers left, although they may have been lurking about the building.
As an American citizen, I feel that it is very important that the representatives of my own government respect the law rather than break it. The conduct of the unidentified officer in threatening to kick down my door, though he obviously lacked the legal authority to do so, is indefensible. Such behavior is unbecoming a federal law enforcement agent. The officer’s threat placed me in fear of my physical safety.
But for my training as a lawyer, I have little doubt that my rights would have been completely brushed aside. By making criminal threats against my home and physical safety, threatening prosecution without probable cause or even reasonable suspicion, and refusing to respect my property rights, the officers clearly sought to dissuade the exercise of my constitutional right to be free from unreasonable searches and seizures.
I also object to the officers trespassing on private property. Federal officers may violate state law only where federal law preempts that law. No federal law authorizes officers to enter and remain in the common access areas of an apartment building pursuant to an investigation without warrant, after having been requested to leave by the person in possession thereof. Because no federal law authorizes the officers’ conduct, they are subject to state laws regulating that conduct.
California Penal Code Section 602(o) defines as trespass the “[r]efusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by … the owner’s agent, or the person in lawful possession … however, this subdivision shall not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating any law or ordinance.”
Cal. P.C. § 602(o).
Whether as the person in possession of the common area, or the agent of the owner for the purpose of excluding unauthorized persons from the premises, I was authorized to exclude the officers from the building.
ICE officers undergo extensive training on immigration and constitutional law. I have no doubt that the conduct of the above officers was knowing and willful. This incident also appears to be just one example of a pattern of constitutional violations in recent times by ICE officers, suggesting the agency has adopted a policy of aggressive violations of constitutional rights in its enforcement efforts.
I request acknowledgment of this complaint, and disclosure of the identity of the male officer (or at a minimum confirmation that you have identified him and are able to investigate this complaint). I appreciate your attention to this matter. If I can provide any additional information, please do not hesitate to contact me in writing at the address above.
Sincerely,
Kevin M. Crabtree
Attorney at Law

This bit is key “ICE officers undergo extensive training on immigration and constitutional law. I have no doubt that the conduct of the above officers was knowing and willful.” They are banking on people being intimidated and not knowing their rights and they are widely abusing their power-

New York City residents, take note: I’ve now heard reports in NYC of Long Island-style random ICE raids on apartment buildings where ICE agents kick down the door ostensibly looking for a particular individual but then sweep up everyone in sight who “looks illegal” and can’t produce immigration papers. As far as I know, this is a recent development—before, ICE raids within the five boroughs were more limited, with agents going to homes and businesses looking for particular individuals.

But at least in this one incident they got more than they bargained for. Is that bacon I can smell frying?

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US State Department Human Rights Report

In its report, the State Department said 10 “countries in which power was concentrated in the hands of unaccountable rulers remained the world’s most systematic human rights violators.”

Condi sez-

A nation’s path to a future of human rights protected by law is neither smooth nor straight. Along the way, there are bound to be stumbles and setbacks. Even under the best of circumstances, it is not easy to transform democratic ideals into effective democratic institutions. Yet despite every challenge, the courageous champions of human rights persevere. They are an inspiration to their fellow citizens and to all of us. The high standard that they set continues to give hope to people everywhere who work peacefully for their liberty, their dignity, and their rights.

We gather today to support them and it is our hope that this Human Rights Report will highlight the obstacles that still stand in their way, so that they may bear the mantle of justice at least — at less risk to themselves and to their families. This document is collected and written with the optimism that no corner of the earth is permanently condemned to tyranny. As President Bush has said, “Freedom can be resisted, and freedom can be delayed, but freedom cannot be denied.” In the long run, we are confident that citizens who sacrifice for their dignity and their rights will prevail, just as the Havels and the Mandelas did before them.

That would be the President who just vetoed an anti-torture bill and who asserts a unitary executive above democratic accountability and the law. Whether they are deluded or simply dishonest is moot, what matters is they will not stop killing and torturing people. They are utter and complete scum who steal the mantle of those they murder and torture to feed their messianic lies, the perpetrator as noble victim, an old trick, yet a freshly raw wound and insult to those suffering & fighting against oppression. They have no honour, no character, no decency, which sadly means none of them will do the correct thing and kill themselves. They should be put before an open court and tried for war crimes, where no doubt they will liken themselves to Gandhi. If I had to bet on it, they will all die old, rich, lauded and happy, and that is our failure.

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200 Strong!

Just got a message from GodlessLiberalHomo that the anti-war Iraq blogswarm is now 200 strong! Next week, next Wednesday from the mouths of shills, fools and war criminals shall come lies and excuses, already the mainstream media is pregnant with their whining putrescence. The punditocracy who have been 100% wrong still haunt the airwaves, the nexus of money, power, imperialism and elitism keeping them all merrily employed and malignant as ever. Shameful, corrupted, arrogant and confident the unearned deference shown to them will continue until they slither into their stinking grave.

They lied us into a long plotted war of choice that has killed over a million people and made 5 million people into refugees.

The poison of state approved torture has metastasised, so that raping, burning, beating, electrocuting and drowning a person is called ‘coercion’ or ‘interrogation’. Habeas corpus has been rescinded and illegal mass surveillance is routine, the idea of a politician saying “The Only Thing We Have to Fear Is Fear Itself” seems alien to these demagogic liars, they prefer colour coded threat warnings. So even a child can be told to be afraid. And they Will. Not. Stop.

So fuck that. Letting the worst amongst us run things seems a bit stupid. Bring the noise. Join the 200, join the resistance.

Join the March 19 Blogswarm Against the Iraq War

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Chosen

Bush chooses torture and actively defends its use (with lies, illogic and obfuscation as befits a fascist of low intelligence) and thanks the torturers-

President Bush: “The fact that we have not been attacked over the past six-and-a-half years is not a matter of chance. It is the result of good policies and the determined efforts of individuals carrying them out. We owe these individuals our thanks, and we owe them the authorities they need to do their jobs effectively. We have no higher responsibility than stopping terrorist attacks. And this is no time for Congress to abandon practices that have a proven track record of keeping America safe.”

The UK government chooses to steal the money meant to save lives to fund warfare-

Money set aside to clear landmines and remove arms from conflict zones is t  be raided to pay a private defence contractor to keep Tornado jets flying i  Iraq, according to a confidential memo seen by the Guardian. The Ministry o  Defence plans to pay BAE Systems from the multimillion-pound Conflict Preventio  Fund – which covers projects such as destroying weapons in Bosnia and landmine  in Mozambique – to subsidise the £5m-£10m cost of servicing each of the six planes.

 The memo acknowledges there will be anger about the decision, which will attract “adverse comment from the unions”. It adds: “Defensive news briefs are being developed to counter adverse media comment.” (ht2 Chicken Yoghurt)

And corporate media chooses to portray a Presidential candidate who has enabled torture to pretend he is against it-

But another Senator McCain was on display this week, one who seemed to differ from the former prisoner of war who has made his signature issue out of opposing torture tactics by American interrogators. McCain voted against the bill to ban tactics such as waterboarding, saying he felt agencies like the CIA needed flexibility in terror investigations. Why has this received so little media attention? 

None of these decisions were taken in desperation, no mitigating facts cushion these acts of evil. These are wealthy powerful people & institutions choosing to do terrible things. And to help you choose to help them, sit back, relax, be entertained.

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