• TheObviousSolution@lemmy.ca
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    23 小时前

    So basically another illegal act that can be thrown at him only to be ignored: manipulating evidence. Although to be fair, hard to manipulate what is already out there, so I don’t think it’s likely he will.

  • fodor@lemmy.zip
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    17 小时前

    So the interesting thing will be that, look, the feds are going to ignore this. They have and will delete data and burn evidence. There’s a name for that crime: accessory after the fact.

    On the one hand, of course contempt charges don’t matter to feds who don’t care. On the other hand, the penalty for accessory to murder can be as long as the penalty for murder itself. So it’s possible that a half dozen feds could get locked up for life, depending on who did what and when.

    And there is no statute of limitations for any of this. They can never feel like they got away with it.

  • lmmarsano@lemmynsfw.com
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    1 天前

    The state police had a search warrant, and investigating a shooting is not DHS jurisdiction. Why didn’t the police arrest (for obstruction) DHS representatives blocking their investigation & let the courts sort it out as they proceed with their investigation?

      • fodor@lemmy.zip
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        17 小时前

        Well no. The disappearance is unlikely. But they are largely outnumbered, so if it turned into a gun fight, they would definitely lose. Well, the feds would lose too, but not as badly as the state pigs.

      • lmmarsano@lemmynsfw.com
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        22 小时前

        Murdering police officers seems implausible & liable to instigate a nastier predicament for the federal government.

        • Dr. Moose@lemmy.world
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          19 小时前

          Yeah what an absurd suggestion. The moment feds kill a local policeman is the moment it all collapses.

  • Strakh@lemmy.world
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    2 天前

    Wait… You have to have a court tell the federal government to not destroy/alter/plant evidence?

    How… how is that a thing? Should’nt that just happen normally?

    • Bakkoda@lemmy.world
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      23 小时前

      Law has never really accounted for bad faith actors from the prosecution side. They most likely won’t enforce it either. We’re very quickly finding out just how much laws won’t help us.

    • BlameTheAntifa@lemmy.world
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      1 天前

      Yes.

      But there are no consequences so they will ignore the court order and destroy any and all evidence they can, just as they did for Renee Good’s killer, the murderer Jonathan Ross.

      • fodor@lemmy.zip
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        17 小时前

        It’s not quite that bad. Accessory after the fact for murder can result in the same sentence as the murder itself. So some of these ICE pigs, they could face life in prison if they have destroyed evidence poorly.

        Of course it depends on the details.

  • ThePantser@sh.itjust.works
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    2 天前

    The evidence is the 10 videos all showing the same thing. ICE is guilty of murder. The videos are all over the Internet, what could they destroy? Other than the name of the murderer there isn’t anymore needed to convict.

    • ameancow@lemmy.world
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      1 天前

      The fact that it had to be said, says that it’s already been destroyed.

      It’s all going to get worse before it gets better. This is the cycle of history, we’re in the pit of the trough.

  • CharlesDarwin@lemmy.world
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    2 天前

    Why would they want to destroy evidence?

    I thought this was “the most transparent administration in history”?

    • Doomsider@lemmy.world
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      2 天前

      Transparent to them means they can be openly racist, sexist, and general xenophobic cunts.

      What you are looking for is honest. They are not honest

      • CharlesDarwin@lemmy.world
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        2 天前

        I think they like to gaslight about the “transparent” thing, because according to them, Biden was not transparent because he wasn’t doing a presser every five minutes. Donvict doesn’t talk to the press to provide info, he does it because he is a narcissist.

    • tempest@lemmy.ca
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      2 天前

      Even if they didn’t destroy evidence what is going to happen? Congress seems fine with the current set of events.

  • Snapz@lemmy.world
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    2 天前

    Is this not covered by standing law? When it is ever legally allowed to alter or destroy evidence?

    Is the distinction more that typically this would be a slap on the wrist for law enforcement, but the TRO makes it explicit that there would be consequences?

    • Lasherz@lemmy.worldM
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      1 天前

      It’s more that the judge wants the punishment to be greater than the typical punishment for tampering with evidence. When the victim is dead the law tends to give undue credence to the statements of the survivor as there is only 2nd hand testimony provided for the prosecution. We should interpret it as a judge making a stand and vowing harsh penalties and the supreme court/appeals should interpret it as the judge making it much harder to overturn the eventual decision.

    • markovs_gun@lemmy.world
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      2 天前

      That is the job of judges- to interpret existing law. The news here is that a judge agreed that it is illegal and told them not to do it.

      • Snapz@lemmy.world
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        2 天前

        Again, how is there not precedence in law of or being illegal to alter or destroy evidence? You have a confident response by tone, but respectfully, I don’t hear any substance you’ve offered?

        It’s as if a judge explicitly ruled that murder is illegal… Nice to reestablish, Y but yes, that’s established. I’m just trying to understand what this does distinctly?

        • markovs_gun@lemmy.world
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          2 天前

          Are you familiar with how common law systems in the US and other former English colonies work? Essentially the way it works is

          1. Party A does something they believe is within their rights under the law. In this case, trying to destroy evidence. Now, the crucial part here is that Party A can be wrong about their claim, but our legal system determines that courts are the ones that have to decide whether that is true.

          2. Party B sues in court claiming that Party A did something illegal. In this case, the state of Minnesota is claiming that Ice is trying to do something illegal by trying to destroy evidence

          3. The judge looks at the facts of the case and determines if Party A did in fact do something illegal, taking things like precedent into account.

          4. If the judge believes that Party B is right and Party A’s actions were indeed illegal, like they did in this case, they issue a judgement that both parties must abide by.

          In this case, it is blatantly obvious that the actions are actually illegal but our legal system is set up in a such a way that this must be proven in court.

          • Snapz@lemmy.world
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            2 天前

            I appreciate the expansion. Again though, we go to court to convict an accused murderer and the judge/jury rules eventually, but is there a preliminary statement by the judge in every case to reestablish for the record, the illegality of murder as an act?

            My point is that it feels odd that there isn’t established law that states this clearly prior to the act where a judge is required to make a preliminary statement like this, where they wouldn’t with a murder charge in my experience.

            • markovs_gun@lemmy.world
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              2 天前

              Ah I didn’t see what was tripping you up. In this case, this is normally not noteworthy at all. Consider a case where a local car dealership owner is accused of committing tax fraud. If he was taken to court over it, the judge would issue an order like this saying not to destroy evidence that could be used. The noteworthy part is that our judicial system, particularly Trump appointed federal judges, has been mostly unwilling to reign in Trump’s abuses at all and so something like this feels like a win

    • DeadDigger@lemmy.zip
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      2 天前

      I mean did you ever throw out a bill? If you did you destroyed evidence you bought something

    • digitalFatteh@lemmy.ca
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      2 天前

      I would like to think that Judges, especially those leaning Republican, are starting to think that some people might start thinking they’re complicit. So maybe they want to keep heads on shoulders.

  • digitalFatteh@lemmy.ca
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    2 天前

    Probably waiting on orders and a stipend before they mysteriously change there mind and throw their hands on the air as there was nothing they could do.

    • givesomefucks@lemmy.world
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      2 天前

      I mean. That’s just ignorant at this point…

      Even the judges trump was placing for the federalist society a decade ago are turning on trump, and have been this whole term.

      It’s not enough, we need more out of court systems. But this is something, and it is real.

      Like, shits fucking serious. We need to be honest about what’s happening

  • Hemingways_Shotgun@lemmy.ca
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    2 天前

    They…will…do…it…anyway…

    Fuck it’s so frustrating watching one side pretend the rule of law still means anything.