A Judge Not In Waco

May 23, 2018

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A Judge Not In Waco

The mass arrests of witnesses to the Twin Peaks Mass Murder in Waco three years ago was such an Assault on the ideal of justice that it is difficult to list all the villains.

That has to be the reason the two judges who have “adjudicated” all the cases, 19th State District Judge Ralph Strother and Matt Johnson of the 54th District Court have generally escaped the contempt and animus they deserve.

A recent federal case in New York illustrates what a real judge might say about an analogous arrest and detention.

Suspicious Clothing

A 16-year-old Honduran boy living in Brentwood, New York was stopped by Suffolk County Police, handcuffed and taken into custody while he was riding his bicycle on May 30, 2017. He wasn’t told the reason for his arrest but the Department of Homeland Security did issue a warrant for his arrest that day, probably after he was already in custody. “Immigration authorities immediately portrayed him as a gang member, based on SCPD’s vague and generalized observations.”

For example, “a May 30, 2017 memorandum” classifies the boy “as a ‘likely MS-13 member’ because: (1) he ‘has been identified as a likely member of MS-13 by [SCPD];’ (2) his ‘clothing and accessories are indicative of membership in MS-13;’ and (3) he ‘is regularly found associating with confirmed MS-13 gang members.’”

The boy’s crime was that police thought he looked like a “gang member” and he was alleged to have associated with “gang members.”

Incarceration

“The following day,” the boy, who is referred to in court documents as “EHE” was transferred into the custody of Immigration and Customs Enforcement (ICE) and taken to John F. Kennedy Airport, where he was allowed to speak to his mother by phone for the first time since his arrest.” The mother was “informed” that her son “was in ICE custody and was boarding a plane to the state of Washington. Upon his arrival in Washington, EHE was placed in Office of Refugee Resettlement custody and” committed to a “staff secure facility.”

A week after that the boy “was transferred to Yolo County Juvenile Detention Facility, a ‘secure’ facility, in Woodland, California.” From there he was transferred to facility in New York. In March of this year an immigration judge ruled that he was neither a danger nor a flight risk but immigration officials refused to release him from custody.

In early April, two Legal Aid lawyers named Gregory P. Copeland and Natalie E. Maust took up the boy’s cause and petitioned for a Writ Of Habeas Corpus to show cause why he shouldn’t be released to his mother’s custody. The government attorney’s stalled and filed for continuances.

Immigration law was clearly on the boy’s side. Most of the government’s argument was that he was not “properly accompanied” by his mother. He remained in custody because immigration officials insisted that he was an MS-13 gangster.

Judge John Keenan

On May 4, an 89-year-old Senior Judge in the Southern District of New York named John Fontaine Keenan (above), a Republican and a Reagan appointee, said the boy’s continued detention based on assumptions police made from his appearance and attire violated his right to due process under the Fifth Amendment. Keenan quoted a case titled Barrows v. Burwell in ruling that police and federal officials had violated “his right to procedural due process under the Fifth Amendment. The Due Process Clause ‘imposes constraints on governmental decisions which deprive individuals of “liberty” or “property” interests within the meaning’ of the Fifth Amendment.”

The old judge cited additional case law that “The Due Process Clause applies to all persons within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.”

“The circumstances surrounding” the boys “arrest are circumspect,” the judge wrote. Federal officials “provided the Court with a DHS warrant dated May 30, 2017, the same day EHE was arrested. The warrant does not state the grounds for EHE’s arrest, and Respondents have not articulated the grounds.

“At the time of EHE’s arrest, it appears that the only evidence of his involvement with any gang is SCPD’s self-serving observations that his ‘clothing and accessories are indicative of membership in MS-13’ and that he was ‘regularly found associating with confirmed MS-13 gang members.’ In and of themselves, EHE’s choices of wardrobe and associates do not constitute criminal offenses, and EHE has not been charged with one. The complete absence of hard evidence of EHE’s affiliation with MS-13 or any other gang generates the inference that EHE’s arrest was merely a pretext for placing him in detention. Moreover, EHE has never been convicted of any crime nor ever before been arrested.”

Keenan ordered the boy’s immediate release and the case against him closed

His ruling raises the obvious question of what stopped Strother or Johnson from doing the same thing for almost 200 American citizens in, say, 2016.

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22 Responses to “A Judge Not In Waco”

  1. Filburt Says:

    Update on McLennan county DA. This Hare was head of Baylor’s athletic “compliant” program!!! He failed at that too.

    http://www.wacotrib.com/news/politics/hare-withdraws-from-mclennan-county-da-s-race/article_c0e3f64f-3ad4-598c-962c-f925743ac005.html

  2. Penguin Says:

    This does not really belong here… but illegal search is of interest to everyone… https://www.courthousenews.com/warrantless-driveway-search-rankles-high-court/

    “A police officer who pulled the tarp off a parked motorcycle to verify that it was stolen should have first gotten a warrant, the Supreme Court ruled Tuesday.”

  3. freebird Says:

    His ruling raises the obvious question of what stopped Strother or Johnson from doing the same thing

    The only reasonable answer is: He deserves the Honorable listed before his name!

  4. Neuro Says:

    God bless you Snow.

  5. Snow Says:

    Absolutely no sympathy for illegals, bangers or cocksacks. Fuck every damn one of them.

  6. Frank Says:

    I’m shocked those of us from biker community don’t support this judge’s action wholesale. If you think for a minute, the same philosophy used to incarcerate this child because who his friends are and how he dresses, isn’t that same BS used against Patchholders, your mistaken. We may not hang with street gangs and the like, but we are both the target of the same enemy. The law gets twisted to take them down, the next target is us.

  7. Penguin Says:

    Kidnapping by State Force is common and reveals the true nature of the State… a fascist oligarchy looting the Country? Looks like it… Of course they also torture people, toss ’em outta helios…all that stuff.

    Example? Waco (both W1 (murder of Christians), and W2 (kidnapping Bikers), of course, but here is a native born US citizen down for more than 3 years… Snatched…just like they can do to you and me – anytime.

    The US Court of Appeals for the Second Circuit decision last month denying Davino Watson, a US citizen held illegally for nearly three-and-a-half years by Immigration and Customs Enforcement (ICE), of any right to sue for damages is a travesty of the judicial process and an attack on democratic rights.”

    https://www.wsws.org/en/articles/2017/11/04/wats-n04.html

    I have listened to pigs try to rationalize their brutality as a result of disrespect from their victims…we all have I think.

    They used to teach us in the Army that respect must be earned…pigs simply wanna steal respect, so they get… Contempt… Naturally, they’re, ah, “contemptible”, eh?

  8. jrino Says:

    Now was he stopped for his ms13 tats? and Is he in the country legally? Cause every one of the Waco people was a US Citizen. {does EHE get to keep his frequent flier miles}

  9. MtPockets Says:

    Kman, why can’t this Judge order ICE to drop the charges? I missed the part that said he had ink of any kind, much less MS-13 ink. I would suspect that if he had such, this would not have gone the way it did.

  10. Neuro Says:

    Same sympathy for alien bangers as for the Sacks at TP: Zero.

  11. Kman Says:

    Judge Keenan can’t order ICE to drop their proceedings against EHE. If he’s sporting MS13 ink he’s outta here.
    K-

  12. Anonymous Says:

    Some of the highest ranking leo’s in Texas are Jesters. Through this fraternal order and others we get the framework of the good’ol boy sytem down here.

    This video sums most of it up nicely.
    https://youtu.be/VtgBdUtw26c

  13. Shutup Says:

    So can these rulings be applied by defense lawyers?

  14. Penguin Says:

    Possibly old ladies meeting once a week to drink sherry and discuss Dostoevsky’s writing might be alright with the Man.

    Young vigorous men meeting, or even boys suspected of meeting – these are not permitted. Now add motorcycles and an image created by Hollywood/CIA intelops…

    No association except permitted associations shall occur…this is defacto rule under which we live.

    One method to assure compliance is to kidnap suspected meeting-goers…as they kidnapped the kid… I wonder, did they rape the kid or just watch?

    They also obviously kidnapped the brothers at WACO… nobody bu Them is Special, eh?

    The world’s divided…You, Me, Us, and… Them.

  15. Lurch Says:

    @Old & Jaded
    He’s not part of the “Good ol’ Boys” network in Wacko.

  16. RK Says:

    Rebel, I’m glad you put this up. Keep up all the good you’re doing!

  17. Gypsy Girl Says:

    This doesn’t surprise me one bit. Profiling by the cops happens every day.

    My ex, who is from El Salvador legally, was pulled over by the cops and questioned repeatedly about whose Jeep he was driving. It took him a good twenty minutes to convince the cop that it was his, even though the registration matched his license.

    I’m glad that there’s at least one judge out there who doesn’t have his head up his ass, unlike the ones in Texas!

    Looks like I have a lot of posts to catch up on! Kiddo was home on leave for the past three weeks because he’s deploying to Afghanistan the beginning of June. Needless to say, Momma hasn’t been on the internet much lately.

    Press on,
    Gypsy

  18. Old & Jaded Says:

    Imagine that, a real judge that applies the law justly.

  19. Austin Says:

    So from age 16 to 17, roughly a year – this young man was given a tour of the US, and a gap year *education* which likely violated most of the values and traditions of his family. He was isolated from his friends, and relatives. His clothing was most likely confiscated. “Secure facility” uhhh….. jail? WTF defines “properly accompanied” by his mother?? Thank God there is one sensible human in the Justice Department. Well done Judge Keenan.

  20. Iron Rider Says:

    Imagine that the government thumbing it’s nose at the courts and flouting the law.

    The problem is the government and it’s Law Enforcement agencies and partners have a habitual habit of thinking since they are the law they are allowed to break the law and do so with impunity.

    Strothers and Johnson are no where near impartial and the Twin Peaks cases have shown us that and they were more interested in helping Reyna make headlines and keep the charade of the massive biker conspiracy alive for the media and Reyna’s political aspirations

    The Texas AG is also complicit in this charade as he could have put a stop to it long ago and chose not too and let Reyna run amok. The whole Twin Peaks cases should be a part of every Law Schools classes on Ethics and how to know when you have crossed the line.

    The problem is no one is willing to step in and smack the hands of the players who brought the Twin Peaks fiasco to life, everyone is busy covering one anothers asses because they know the lawsuits are going to fly so they are playing these cute little word games and putting on the facade of how this was done right, but we have to pick our battles bullshit stories at the forefront when dismissing cases.

    The courts and it’s judges are supposed to be impartial and the checks and balances for the prosecution and defence, but as we have seen when you have so much collusion, those checks and balances are out the window when it comes to cronyism

  21. Paladin Says:

    “His ruling raises the obvious question of what stopped Strother or Johnson from doing the same thing for almost 200 American citizens in, say, 2016.”

    Answer: Politics.

    Paladin

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