How are these ICE agents allowed to fire on protestors like this (youtube.com)
from Melvin_Ferd@lemmy.world to nostupidquestions@lemmy.world on 16 Oct 15:34
https://lemmy.world/post/37433621

Not to disrespect people here but please don’t answer if you’re just looking to say a comment that doesn’t give a good explanation or context. Honestly I’m a bit tired of responses like “cause they’re corrupt” or “because they’re fascists”.

I’m hoping someone with experience in law enforcement or law can chime in and show what the actual laws are and why they could be skirting things. What ROE Ice agents might have. I’m also looking at why I don’t see any large law societies bringing these violations if there are any to the courts. I remember years ago there were entire law firms with staff dedicated to areas like this. Why is that not happening today?

#nostupidquestions

threaded - newest

givesomefucks@lemmy.world on 16 Oct 15:39 next collapse

Because city prosecutors won’t bring charges unless it’s a guaranteed win.

So even tho it happens on camera, and they could start at the top of the chain and work down applying pressure to find out identities to press charges…

They’re too scared of bringing charges in a case they might lose to even attempt to hold anyone accountable.

Our justice system has been fucked for decades, but Biden refused to fix it (because he literally “wrote” the bills that got us here) and trump wants a broken system to abuse it.

We can’t just keep letting Republicans break shit, then electing “moderates” who refuse to acknowledge there’s even an issue that needs fixed. We need people willing to fight, even if they don’t win 99.999% of battles. We need people who aren’t afraid to lose. Because they understand what happens if we abstain.

Quick edit:

Don’t forget how accurate the system was at identifying college students at protests despite them covering their faces too.

Anyone telling you a small piece of fabric over someone’s face means they’re impossible to be identified by law enforcement is lying because they think you’re dumb enough to fall for obvious bullshit.

Melvin_Ferd@lemmy.world on 16 Oct 15:56 next collapse

Incredibly insightful. Thank you.

Is it a fantasy on my part that there’s some mythical law firm or society that looks for these violations? I always thought there were groups looking for federal agencies violating constitutional rights.

I’m one of the people worried about the face mask issue only because I fear that they’re also not keeping accurate records. I would love to see a lot more effort going into collecting and compiling as much evidence for any ice who are covering their face. When crowds form, don’t just worry about getting the event, instead get pictures of each individual from all angles. Upload it and share it. When the time comes there is a mountain of evidence to use.

marcos@lemmy.world on 16 Oct 16:12 next collapse

It doesn’t matter if there are entire battalions of lawyers looking for it. Persecutors have the monopoly on getting people charged with crimes.

The other question you can ask is: why isn’t the entire press on fire complaining about government workers committing crimes all day over all over the country?

SolacefromSilence@fedia.io on 16 Oct 16:27 next collapse

Who owns the press and who benefits from the crimes? This is why there were laws preventing media consolidation and extensive corporate ownership before they were dismantled over the last 50 years.

RobotToaster@mander.xyz on 16 Oct 18:06 collapse

Persecutors have the monopoly on getting people charged with crimes.

I had to look this up and I’m surprised that in most states private prosecution is barred. In the UK it’s still legal, if expensive and uncommon.

marcos@lemmy.world on 16 Oct 18:08 collapse

Ouch, I never even considered the idea of private prosecution in criminal courts. Looks like a remedy that is worse than the disease.

givesomefucks@lemmy.world on 16 Oct 16:22 collapse

Is it a fantasy on my part that there’s some mythical law firm or society that looks for these violations?

Yep.

That’s what the justice system is supposed to do.

The types of organizations you’re talking about in America, instead work on saving innocent people from our justice system. Or at least ensuring punishments are fair.

As far as I know (I don’t know everything) there’s virtually zero organizations with the goal of getting guilty people charged by the state/fed.

Not saying your idea about documenting is a waste. Just that it’s the equivalent of people using plastic straws while billionaires and AI data centers do irreparable damage.

If cities/states actually wanted to press charges, they’d identify with cell snoopers, or just send 20 cops with a warrant to a field office, or look at pay records. Get their identies, then drivers licence photos, start comparing to social media profiles, identify similar picture of kit.

There’s a hundred better/easier ways to identify them. And this is the type of thing AI can actually be used to speed things up. Any average sized city has the resources to identify every ICE agent in their city. They’re just too chicken shit to escalate to that, out of fear ICE will retaliate personally.

So they pretend that tiny piece of fabric over half a face is just unbeatable.

WalrusDragonOnABike@reddthat.com on 16 Oct 16:20 collapse

The police were doing it during BLM every day as well. They’d flood residential areas with tear gas that would seep into random people’s homes with immunity. Local police is one of the most left-leaning areas of the country, and they still let their gangs get away with that kind of violence.

givesomefucks@lemmy.world on 16 Oct 17:37 collapse

“Local” police…

In virtually every metropolitan PD, a lot of the cops don’t just live in subdivisions, they live way outside of town.

It’s easy to abuse a crowd when it’s not neighbors and people that know you.

ccunning@lemmy.world on 16 Oct 15:42 next collapse

Honestly I’m a bit tired of responses like “cause they’re corrupt” or “because they’re fascists”.

I feel this so much. Not only is it not productive, it short circuits thoughtful discussion that could actually be productive. So much so it makes me suspicious 🤔

db2@lemmy.world on 16 Oct 16:27 next collapse

While you’re discussing it they just kidnapped another family.

the_q@lemmy.zip on 16 Oct 16:32 collapse

Yeah the “intelligent” community loves finding out why someone is currently stabbing them repeatedly in the torso.

darthelmet@lemmy.zip on 16 Oct 16:39 collapse

But if it’s not wrong, then that is a useful answer. If the people who are committing crimes are a military force that is willing to use force to avoid being held accountable by law… questions that depend on the rule of law being in effect are missing the point. Laws need to be enforced by some kind of superior force to the people being subject to the law. Ideally that force is mutually agreed upon by society through some political process. Modern democracies are supposed to base that legitimacy on democratic will restrained by constitutional limitations. But clearly that doesn’t strictly need to be the case for a state to operate. The most base level of political legitimacy for the use of force to govern is the mere unwillingness of the population to use their own violence to counter it. If things ever got bad enough, the thing that keeps that in check is ultimately organized resistance and revolution.

Going back to liberal democracy though, even with all of our theoretical restrictions on power, ultimately all of that only works based on some combination of the government believing in and choosing to follow those principles and if all else fails… revolution. Just think about how historically significant the first ever peaceful transition of power was. The people with all the guns just decided not to use them to keep their power. Think about how crazy it is that some of the people in the government wanted George Washington to become king and he was just like “Nah. Pass. That’s not how we’re gonna do things anymore.”

If they decided otherwise… what was a judge going to do about that? Write a strongly worded opinion paper? Then what? In order for anything to happen either the gov needed agree or enough other people with guns would have to organize to do something about it. Even if you have some police force to represent the courts independent of the main government, that police force needs to be full of people who agree with the rule of law and they have to be strong enough to enforce that court decision.

So getting back to our situation… if the main government and the military and police under its direct control has decided that the rule of law isn’t important to it, then even if you can point to the laws they’re breaking and get the courts to rule against them… you need to answer the question of who is going to make those court decisions a reality. If it isn’t going to be ICE, the US Military, or any of the other organizations engaged in the illegal activity, then it needs to be someone else and at that point it’s a war and the laws don’t really matter anymore anyway.

So that’s the decision tree for this question. If you think the government isn’t entirely run by fascists, then we can discuss the legal question. If your answer is that the government is corrupt and fascist, then answering the legal question is producing answers that are inherently incorrect and misleading. If you do genuinely believe the opposite, then yes, just giving the fascist answer is incorrect and misleading. In either case, the path we go down, if incorrect, leads us away from the more productive conversation. But the question of which of these two answers is the correct starting point for the interesting and necessary discussion.

TheReturnOfPEB@reddthat.com on 16 Oct 15:48 next collapse

The rule of law has collapsed.

It is like the scene in Mars Attack! when the alien is running around with the language translator repeating “WE COME IN PEACE” while disintegrating humans left and right with their space pistols.

They will say whatever they have to while physically doing whatever they want.

Until we stop THEM ALL

Rooskie91@discuss.online on 16 Oct 16:15 next collapse

Welcome to fascism, where the rules are made up and the crimes don’t matter (unless your enemies do them, then they really really matter).

CubitOom@infosec.pub on 16 Oct 16:25 next collapse

The increasing militarization of police, and their use of “less than lethal” weapons including rubber bullets and CS gas is one of the things that was heavily discussed by the mainstream after the death of George Floyd. So was the tactics used by police, like ketteling peaceful protesters. But it was a problem before Rodney king was murdered too.

There has been a long buildup of Americans losing their rights to protest and freely express themselves even before the 9/11 attacks and Bush declaring a “war on terror” or Regan declaring a “war on Drugs”. Both of which were really just ways to militarize police forces against the communities they were supposed to serve.

Remember the whole, “Are you or have you ever been a Communist?” time of American history. You weren’t allowed to freely express yourself as an American then either.

Really, it could be argued that our “inalienable rights” were just some gentlemen’s agreement that were never really ours, and many actively got punished and even murdered for exercising those rights.

Really, to answer your question, I don’t think anyone alive today ever experienced a time where it was ok to majorly disagree with the American government. And after decades of letting police do really whatever they wanted and giving them military equipment, no one really thinks this is illegal because this is the precedent.

IWW4@lemmy.zip on 16 Oct 16:50 next collapse

Who is going to stop them?

Local police? No jurisdiction.

FBI? The guy running them does cartoons featuring Trump slaying dragons while wearing golden armor?

How can ISE do this? Well the answer is easy. 88 Million people vote for a convicted felony and child molester and another 18 million didn’t vote……

burntbacon@discuss.tchncs.de on 17 Oct 14:23 collapse

I mean, the local police do have jurisdiction, they just aren’t going to do anything. Federal property is still within a state, and the state has every right to enforce their laws. Go shoot up a federal property, and watch as the local prosecutor and the federal prosecutor fight over who gets to put their name next to your conviction. The other closest analogue to look at is how crimes in an indian reservation can be charged by the reservation authorities, the state, or the feds.

IWW4@lemmy.zip on 17 Oct 23:02 collapse

No man … federal property completely negates city and state jurisdiction.

Witchfire@lemmy.world on 16 Oct 16:52 next collapse

Because they’re corrupt fascists. That’s it. That’s the totality of it. No one’s going to prosecute them and if they do, it’s gonna get overturned

QuantumTickle@lemmy.zip on 16 Oct 16:58 next collapse

A question wrongly asked

WalrusDragonOnABike@reddthat.com on 16 Oct 16:59 next collapse

Don’t forgot you are in a country were police bombed a rowhouse (both with surface level explosives and dropping a bomb from a helicopter on it), starting a fire that they allowed to burn that killed 5 children (all children of the ~7 people they were targeting) and burned 61 homes, damaging over 100 more homes (making 100’s of people homeless) within the lifetime of almost all non-local elected officials and then re-elected the mayor responsible: pbs.org/…/the-largely-forgotten-history-of-philad… commons.lib.jmu.edu/jmurj/vol7/iss1/3/

Yet, after the bombing, Mayor Goode and the Philadelphia Police Department received support from around the country. The Los Angeles Police Chief at the time, Daryl Gates, defended the use of an explosive device, declaring it “a sound tactic.” Gates also stated that Mayor Goode had “provided some of the finest leadership [he had] ever seen from any politician” and that he hoped Mayor Goode “ran for national office.” Michael Nutter, then an assistant to a city councilman, said “[MOVE] is a group of people whose philosophy is based on conflict and confrontation.” Roy Innis, who was the chairman of the Congress of Racial Equality (CORE), called Mayor Goode’s handling of the crisis “heroic.” Tom Cremans, the former director of Accuracy Systems Inc., which sells munitions to police departments, said “the police exercised remarkable restraint in not using the device earlier.”

While there was lots of negative media, there was also a lot of positives:

The New York Times referred to MOVE as a radical group, focused more on the complaints from the neighbors against MOVE, and framed the incident as a city reacting against behavior that was well out of the norm for a working-class African American neighborhood. In the Times article, Dee Peoples, the owner of a store two blocks away from the MOVE house, said that “all you hear is aggression. You sleep with it, you wake up with it, you live with it.” The San Francisco Chronicle wrote about the group’s strange philosophy and how while it was, in theory, a “philosophy of anti-materialism, pacifism and concern for the environment,” in practice “its history was replete with violence, obscenity and filth.” The Chronicle article stated that former MOVE member Donald Glassey had testified John Africa “had planned an armed confrontation with police and had MOVE members make bombs and buy firearms.” The Lexington Herald-Leader, like the Times, described MOVE as a radical organization and defined the cause of the siege as MOVE refusing “to leave the house under an eviction order from police.” The Herald article also discussed neighbors’ complaints of “assaults, robberies, and a stench at the house.”

People justify state violence, even when it harms 100s of uninvolved people, based on how negatively they can portray those the violence was targeted at and call the their actions “law and order” and point to the aftermath of their own actions as a warzone to justify additional violence.

TrojanRoomCoffeePot@lemmy.world on 16 Oct 19:45 collapse
dontsayaword@piefed.social on 16 Oct 17:00 next collapse

It’s illegal, but they’re also the ones in power to enforcing those laws. What answer is there aside from they’re corrupt, they’re fascist, and they do what they want.

Melvin_Ferd@lemmy.world on 16 Oct 17:12 collapse

The answer is to find out why is happening and find solutions.

NoForwadSlashS@piefed.social on 16 Oct 19:14 next collapse

All they know is to find out why it is what at, eat hot chip and find solutions.

Darnton@piefed.zip on 17 Oct 13:26 collapse

We know why it is happening. We also know the solution, and it is not peaceful.

Melvin_Ferd@lemmy.world on 17 Oct 13:57 collapse

Why not? It could be. You choose violence that’s your choice. But there’s also tons of ways to not go that route.

Modern_medicine_isnt@lemmy.world on 17 Oct 15:12 collapse

I wish their were, but I’m not so sure. They started arresting people who simply wrote articles they didn’t like. They have declared an organization that doesn’t actually exist terrorists. So now all the have to do is is say, you’re antifa and you are under arrest. Any peacful solution will just result in the people involved getting arrested. Or at some point they will just declare a peaceful protest a terrorist attack because one person threw a rock that they thought was a gernade… and they then just open fire. They are clamping down on the media so that only thier voice is heard. And they are meddling with elections so they can’t lose. But here is a simpler answer. If thier were peaceful ways, then the people of more countries would have used those in thier countries. But if you look, the vast majority are under the control of corrupt governments. The US is the result of a violent revolution. It just didn’t last. Corrupt rule is the steady state that all large organizations trend toward.

Jerb322@lemmy.world on 16 Oct 17:32 next collapse

<img alt="" src="https://lemmy.world/pictrs/image/b4aff376-32c8-4c7e-ae75-25531d7b9acf.jpeg">

khannie@lemmy.world on 16 Oct 18:33 next collapse

Honestly love the first amendment in the US. That video is gas!

Tippy@sh.itjust.works on 16 Oct 18:49 next collapse

I was in the CJ field for 10 years, which opened my eyes to a lot. I know you think “they’re fascists who ignore the law” is reductionist or untrue, but that is literally it. It is that simple. It is also not new, regular law enforcement in the US has been exactly like this for pretty much our entire history.

When you break the law, and you have powerful deeply ingrained cultures and institutions backing you that will look away or refuse to apply the law to you, then the law effectively does not exist. Laws are social contracts that are invented entirely by us, and literally do not exist if not enforced. The universe does not care. There is no karmic balance that steps in to even things out.

I think many are just ignoring this or trying to rationalize it some other way, because it is terrifying to come to terms with when you are told your entire life that these institutions, police and courts and laws and checks and balances, are in place to protect you. Law enforcement in the US has fascism and nationalism baked into its core, and most of them are actively wanting what ICE is doing. Many law enforcement are in their ranks or are assisting in ways that most people don’t even realize. And beyond that, the rest of our judicial and political systems are also being manipulated or just blatantly ignored to pave the way for this.

Ultimately the question being posed to the US at this point is, what happens when the people in power do not care or feel empathy, except for their own goals, and there is no sufficient opposition. There are no easy answers to this. When two opposing forces collide, one or the other has to give in some way. ICE has had basically zero consequences for their actions, despite how blatantly illegal and wrong they are. So far, their side is applying more force and it shows.

TrojanRoomCoffeePot@lemmy.world on 16 Oct 19:21 next collapse

Well said. Much of the overzealous action by LEOs seen since the ICE immigration operation kicked off is notably similar to that seen during the Civil Rights era in the U.S. They can run people down in the street, club the everloving shit out of them, break their wrists and shoulders during arrest, and kick their feet up at home later that night without a thought of concern about catching charges.

The manner in which demonstrators have been engaged strikes a similar chord to that same mid-century era, where hippies/beatniks/peaceniks could be fucked up and railroaded any number of ways without a hint of worry about blowback (unless their parents were loaded, of course). Nothing meaningful will happen to make them scale back their abuses, legal or otherwise, maybe not even once Democrats are back in office.

<img alt="" src="https://lemmy.world/pictrs/image/d48e5cd8-4766-4755-a424-643b2bfd7f15.jpeg">

FlyingCircus@lemmy.world on 17 Oct 15:15 collapse

The Democrats have no interest in prosecuting cops because they’re all on the same team. It’s Capitalists vs Us, and the sooner we all realize that, the sooner we can actually start improving the world.

resipsaloquitur@lemmy.world on 17 Oct 14:58 collapse

But CSI told me cops are the good guys.

lunatique@lemmy.ml on 16 Oct 19:28 next collapse

Because the citizens allow it. People need to go V for Vendetta

Melvin_Ferd@lemmy.world on 16 Oct 19:45 collapse

What if we just coordinate better and became a bit more strategic and forward thinking.

I mean these people are obsessed with image. They are dependent on the public for that image. We are the public, we have coordinated to make cat videos popular ergo …

[deleted] on 16 Oct 21:07 next collapse
.
lunatique@lemmy.ml on 17 Oct 18:47 collapse

DM me. I’ll send you some information that’s useful for resistance

Drbreen@sh.itjust.works on 16 Oct 20:15 next collapse

Where art thou 2nd amendment gun lovers who prepared themselves for such a time as this?

Lost_My_Mind@lemmy.world on 16 Oct 21:04 next collapse

They’re applauding ICE, and licking boots

Melvin_Ferd@lemmy.world on 16 Oct 21:05 next collapse

It’s kind of a crazy take because I know you’re joking but the implication is that the left really has no power to do anything. If the roles were reversed they absolutely would not stand for any of this

burntbacon@discuss.tchncs.de on 17 Oct 14:23 collapse

Mostly celebrating, and some are telling themselves it isn’t time yet.

jet@hackertalks.com on 17 Oct 00:35 next collapse

From watching the video the ROE appears to allow for engagement for crossing the blue line onto federal property or interfering with traffic leaving the compound.

Melvin_Ferd@lemmy.world on 17 Oct 01:01 next collapse

That’s something I didn’t actually consider. But should be clearly marked if that’s the case in that area

jet@hackertalks.com on 17 Oct 01:05 collapse

<img alt="" src="https://hackertalks.com/pictrs/image/1d9053b6-5fd8-4e38-b31e-d0fac6ab7998.jpeg">

Melvin_Ferd@lemmy.world on 17 Oct 14:00 collapse

Not sure what it says, but I think you have the closest explanation to why it is allowed. I meant by marked is that there should be something saying “cross the line, get peppered”

BombOmOm@lemmy.world on 17 Oct 15:13 collapse

Thank you for being the only person in the thread to answer the question.

mistermodal@lemmy.ml on 17 Oct 15:22 next collapse

The democracy is there to waste your time. If your step out of line you will be treated like you’ve been seeing them treat black and latino communities this whole time. Why did you allow them to do that even if it was legal? A question that no doubt affronts you.

the_mighty_kracken@lemmy.world on 18 Oct 00:38 next collapse

ALLOW them? Lol.

mistermodal@lemmy.ml on 18 Oct 00:56 collapse

Yes, like German citizens during the holocaust allowed it. Like you just sat on your ass throughout Israel’s genocidal campaign and continued to reproduce the political system and lifestyle that enables neocolonialism. I would estimate 80% of the US public is totally complicit. This is obvious.

You’re still salty from your other thread, I see. That’s a mute.

macaw_dean_settle@lemmy.world on 18 Oct 07:01 collapse

*hispanic.

burntbacon@discuss.tchncs.de on 17 Oct 15:32 next collapse

So I’ve had a bit of experience with the law in a state I don’t keep up with anymore, but let me see if I can paint you the picture of the way the laws intersect.

In texas, there is a specific chapter of the penal code that deals with use of force. The first thing to take note of is that line about “justification” under the chapter being a defense to prosecution. You’ll need to go read a portion of chapter 2 to understand that in full, but suffice it to say a prosecutor could still charge you, and a peace officer could still arrest you, even if the terms for ‘defense’ are met.

Returning to the penal code, 9.51 talks about law enforcement (which is defined in the code of criminal procedure, which we’ll get to in a moment, and which federal law enforcement is also defined) and their authority. If you read it carefully, it basically says they can use whatever force they want to. The qualifier, in 9.51(a), about the actor needing reasonable belief that the force is warranted, lets law enforcement get away with just about everything. There is further clarification on deadly force at 9.51©, which again talks about ‘reasonable belief,’ and on “less-lethal” weaponry at 9.55. The two qualifiers on 9.55 are reasonable belief (it’ll come up again and again in laws relating to use of force) and using it per ‘training.’

Now, if you recall from your internet awareness (which I hope you have), you’ll probably have heard about controversies concerning law enforcement training. ‘Killology’ is the famous one, but every department will have some form of training for all of their tools on the belt, and most of it boils down to “use if if you think you need it” which translates to ‘if they resist and you don’t want to wrestle.’ Every department will have a policy regarding their use, and usually there will be some form of restriction (like don’t use the taser as a cattle prod, which is often ignored) and judicious use of the term ‘reasonable belief.’ Yes, that means that basically departments just throw everything on an officer’s judgement in the moment, because the two requirements in the law simply become one.

Let’s switch gears for just a moment to put some context on officer behavior. Arrests are laid out in the code of criminal procedure, chapters 14 and 15. Fourteen is pretty basic, saying that an officer can arrest for things he witnesses (14.01), and is authorized all measures that could be taken if the arrest was for a warrant (14.05). The rest adds to it, but isn’t important in this case. Fifteen gives us more information (15.24), where it says all reasonable means and force are permitted. It also says you can’t use greater force than necessary, but don’t worry about that, cops don’t worry about it either. I’ll have some comments after the main points.

There are two more bits to hash out. We’ve talked (very briefly) about use of force in arrests, and those statutes touched on searches (which is mildly more difficult, mostly because we’d have to go into case law where searches really get hammered out), but we haven’t talked about ‘defense’ of person or property. Law enforcement has their own rules for arrests and certain actions like traffic stops, but they have the same laws for defending against assault/damage (except where courts have let things proceed differently, which you’ll have to understand is a weird thing where laws are shaped in court as much as in the legislature), so that brings us to 9.31 and 9.41 of the penal code. I’m sort of getting weary of quoting, so I’m going to paraphrase these sections quickly. You can stop someone from hurting someone else, and kill them to prevent them killing someone else, if you have a reasonable belief about it. You can stop someone from taking stuff, or damaging stuff, if you have a reasonable belief about it. You can also kill to prevent certain crimes against property, if you have a reasonable belief.

So now we can answer your main question: how are they allowed to, or how are they skirting the laws? It’s because they’re not skirting the laws. Almost every department policy can be summarized as throwing things back to having a ‘reasonable belief.’ Reasonable

Triasha@lemmy.world on 17 Oct 20:12 next collapse

This is the answer. ICE is operating by the same rules the Ferguson police were during the 2014 riots, and the George Floyd protests in 2020. They can do whatever the my want up to and including break your door down in the middle of the night and shoot you while you sleep like they did to Breyonna Taylor.

mojofrododojo@lemmy.world on 18 Oct 07:49 collapse

…do these instant-ice fucks have qualified immunity?

burntbacon@discuss.tchncs.de on 18 Oct 13:03 collapse

Likely. They’re considered law enforcement, and just like the state/county/city police you commonly hear about it with, they have policies/procedures they’re supposed to follow.

lemmy_acct_id_8647@lemmy.world on 17 Oct 19:28 next collapse

They are “allowed” because their actions no longer have consequences. None.

aeternum@lemmy.blahaj.zone on 18 Oct 06:38 next collapse

they effectively have immunity under dumpy.

Formfiller@lemmy.world on 18 Oct 06:47 collapse

The ice Gestapo doesn’t follow laws