nbcnews.com/news/latino/judg … os-n583706
Its not a well advertised story, left is focusing on this to drum up Anti-Trump support from Hispanics.
Let me first say I don’t approve of racial profiling, I’be noted this in past threads.
Lets say 50 years in the future, the country passes a really absurd law, recognizing the full human rights of cabbages. It gets it’s own amendment, UPF is in his motorized wheelchair doing celebratory laps celebrating this momentous occasion, Kropotkin’s Virtual Reality internet clone is dancing in celebration…
While doing crowd control for the victory parades, a police officer trips backwards, landing on a garden plant, happens to be a cabbage. He apologizes profusely to the cabbage, has witnesses, some screaming, some rationally observing it was just a accident. Incident is reported to the feds by the pro-cabbage faction he is a Anti-Cabbage Fanatic, seriously wounding a cabbage the night it gained human rights, in the victory garden. Charges are looked leery at, dismissed by a disinterested prosecutor who can care less about cabbage either way, sure it was a accident… besides, there are plenty of videos on YouTube of pissed off Catholic Priests beyond a doubt persecuting cabbages with chainsaws screaming it is a soulless plant, not a person to prosecute… they are the real criminals if there are any involving the civil rights of cabbages, priority is going after them.
Time goes by, this police officer gets promoted, till he is elected police chief. Then sheriff of the county. Over the years, he has arrested cabbages for trespassing, voyeurism (nod to Zoots), not paying their taxes, not showing up for jury duty, etc. He goes by the letter of the law, and trained the officers below him to intuitively analyses each and every situation as it unfolds… and judge the situation not off the color or shape of the cabbage leaf, but it’s suspicious behavior, tell tale clues the cabbage has suspicious intent, to approach said cabbages and converse with them for more details. This doesn’t apply to just cabbages, but all with Human Rights. Behavior and situational awareness.
A federal judge doesn’t agree… this judge has absolutely no evidence a crime was committed, but it fails the statistical data quotient the court uses to judge if this sheriff is unfairly targeting cabbages.
So he decided to arrest the sheriff after a show trial to appease UPF and Kropotkin’, and they send a Federal Agent… Mr. Reasonable after this Sheriff to arrest him. Furthermore, he launches punishing fines against the Sheriff department, completely arbitrary and pulled out of his ass.
Governor of said state gets a call from the state’s top police officer, a Colonel in charge of training all police in the statec freaking out. The county commissioner of said town calls up too, saying the city budget for the next three years is being taken away by the judge, without their concent… and under the state constitution, the state had to bail them out.
Governor is shocked, and said it is impossible, they just barely balanced the budget, absolutely no wiggle room in the budget agreement, as it was the most politicized struggle in the state’s history, very devisive.
The Governor cares deeply about Cabbages, is married to a cabbage, has half cabbage children. He is outspoken for cabbage rights. But he us also the governor, and notes the federal judge took preemptive jurisdiction over the sheriff without it going through the court system first, secondly no actuak evidence of a crime was presented, only that the juficial measurements judges use to detect discrimination lit up. It us true many cabbages were sent to jail at a much higher rate than in other county and states, but each one was convicted on the merits of real crime, as judged by lowest level of court capable of actually empowered to prosecute… leaving ample room for appeals… most of which went nowhere.
Likewise, the Sheriff was a directly elected official. Its taxes came directly from county taxes. Governor coukdnt find evidence that federal judges had the right to effectively punish governmemts on the local and state level with arbitrary taxes, only congress could. He was well aware of this, given his refusal to folliw federal regulations by popular demand of his constitients, lising out on federal funding linked to compliance.
The angry replies of the citizens of this country keep pouring in demanding he do something to protext the sheriff. On the news, the sheriff in court just announces the arrest warrant of the cabbage hating sheriff, and high taxes. Govermor calls a immediate press conference, ordering the immediate arrest of any federal agent attempting to unlawfully enforce this renegade judges’ financial desire to rob the licsl government of its funds, and any trying to unlawfully to arrest, hinder, or remove this sheriff from his lawfully elected post. Until a actual crime, with actual evidence is presented, to the state courts first… not goingnover their heads to a politically motivated federal judge, he is recognized by the governor as actively within his rights and protections as a sheriff to continue on eith his duties unmolested. Any further threats, attacks, or attempts by this judge or any other judge to circumvent the state’s authority and to maintain due pricess, or to cirvumvent no taxation without representation, will be met with arrests of such officials crazy enough to carry through.
The federal judge is shocked, so orders Smears to leave immediately. Smears took up law enforcement after he got his bionic implants, including new lungs. Smears shows up self rightous, with a smug look on his face where the sheriff is testifying in a local state court on a unrelated arrest… he is instantly recognized from on TV, judge orders the Bailiff to have him forceably removed… Smears points out he us federal and doesn’t have to comply with the judges orders, as he is complying with the orders of a federal judge, as his agent… and then lights up a joint and and aporoaches the sgeriff in the witness stand. At this point, baliff shoots Smears in the bionic leg, cripling him (allowed as reasonable for apprehending cyborgs), and the judge orders his arrest, and that of the federal judge, who’s court coincidently is within both the county and state.
Both Mr. Readonable and this federal judge is perp walked on TV. The county commissioner reports to the sheriff, then to the judge, all the county’s money had been moved by warrant from said federal judge as Smear’s courtroom drama unfolded. Thebfederal judge refuses to cooperate, or release the pin code for the account. The federal government, and a bewildered president otherwises stays neutral keeping out of the mess… the county judge orders the arrest of the federal judges clerk, issues a search warrant for stolen state property unlawfulky siezed.
Kropotkin goes bezerk, and reprograms himself as a computer virus, destroying a factory in Sierra Leone in respone (only place he coukd find without virus protection). UPF launches a hunger strike, lights himself onfire for the rights of all cabbage kind. The governor is called a racist, his half cabbage children are bullied in school for hating cabbages, and liberals across the state descrnd on this county, vandalizing random shit, running around dressed as hacked cabbages brutally murdered, some dressed like Hitler eith signs saying Hitler was a vegetarian
At no point was the sheriff ever anti-cabbage. At absoluteky no point, just had a more effective police force, and was a victim of a bad judge and very poor statistical presumptions by the courts. He fully embraced the humanhood of cabbages everywhere, and treated them no differentky from any other man. He couldnt help it if that resulted in more arrests of Cabbages, and lacked a explation why so many were arrested in his county, and not others. He was a victim of his getting tough on crime position.
So… who us right? Can a federal judge arbitarily force taxes on a state and lical level without their concent? Can a state judge order the arrest of a federal jydge scting well out of the lawful scope of his office if crimes are committed within his state, obviously abusing hus immunity claims to arrest? Can a federal judge overehelm the authority of local courts doing the exact sane thing? Can Governors make proclamations of what a law is, and preserve the constitutional backed operations of his state’s officiaks and their operations, especially their mandate to operate, in the face of a obvious kangaroo court unable to prove a crime even occured, arbitarily pulling coercive punishments out of his ass?
There is a federal supremacy clause, but I think that applies only to cases where federal law lawfully superceeds local law. Most forum members do not support this (I do) because that means marijuana would be illegal everywhere in the US again, as it is still illegal in federal law.
In cases of severe and obvious tresspass, can a state reject federal overstep and assert its right to control its own finsnces… refusing to pay false and arbitrary fines, and arrest offending judges systemmatically interferring with lawful state functions, lawful dedicated tax money, and the state’s mandate to pursue justice?
In many states, citizens have the right to resist unlawful arrest, and even to do a citizens arrest of a illegally operating police officer. A ofgicer on a federal level that operates off a illegsl court decidion effectively obstructs justice, if it violstes the msndate of a still lawfully abiding lower court or officer of the peace. A federal judge should be arbitatrily subject to contempt of court charges as any of us if acting in a illegal capacity, thrown in jail indefinitely.
Can the governor even grant a pardon to this sheriff of his presume crimes against cabbages, if it is a federal court pulling these hijinks? Does a federal court have to recognize it, a pardon from a mere governor?