Re: First illegal entry may or may not be a felony. Subsequent illegal entries are.***

PACIFIC BEACH TIGER® · 2025-04-26T12:34:18.160Z

ICE did not have a legit warrant, they had an “administrative” warrant that came only from their office. The Wisconsin judge contacted the Chief Judge to consult whether ICE had the authority to make arrest in her court room. She let the immigrant go because he was only there for a misdemeanor. This is a huge issue. This administration is trying to bypass and harass the judiciary.

So this distinction is apparently key: an administrative warrant gives the officers the right to arrest someone in public places without the expectation of privacy. They can also detain someone ONLY for civil immigration arrest, not for criminal arrest.

If the Feds had intended to arrest him for being a felon, they would have needed a judge-issued judicial warrant. So in this case, the fact that he was allegedly a felon had no bearing - they didn't have a warrant to hold him criminally.

If they wanted to enter a protected space, like homes, hospitals, or courtrooms, without consent - again they would have needed a judge-issued judicial warrant. Clearly they didn't have the judge's consent.

I suspect this may not go real well for the Justice Department. This seems like pretty basic stuff, something any first-year agent would have known. And unless the Feds were to somehow get Aileen Cannon as the judge appointed to this case, it's hard to see how even most Trump-appointed judges wouldn't view this as a straight-up attack on judicial independence and upholding the Constitution because that's exactly what it looks like on the face of it.

quozzel

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Re: More information on arrested judge.

May 2, 2025, 1:13 PM

Again, slick, it was the kind of warrant. They were holding an administrative warrant, which basically means somebody from their office said: "go find this guy", and they took it upon themselves to crash into the judge's courtroom without a judge-issued judicial warrant and try to throw their weight around.

The judge - understandably - seems to have been peeved by this. Judges do that when you show up in public spaces like hospitals or courtrooms where you have a reasonable expectation of privacy. Especially when it's their courthouse.

Now Kash Patel is trying to make a public example of this judge. She's clearly seriously peeved and she's going to fight it, and my best guess is, like so many other things this administration does, this was wholly performative and FBI aren't about to set foot in an actual courtroom where virtually any judge in the US is going to say: "you didn't have the right kind of warrant, you violated the sanctity and authority of this woman's courthouse, and you expect me to help you with this sh!t?" Judges take that kind of stuff...personally. You know - being in charge of their courtrooms, and they being the ones who get to decide justice and all. They're funny about that. And any prosecutor foolish enough to try to bring this is going to duly get launched out of court on a catapult.

Which means Kash and the gang will almost without question cave at the last second, or let her get away with the slightest of slaps on the rest, though my guess is, she's so annoyed I don't know if she'll even be willing to bend that much.

If the Feds actually do go through with it, bring popcorn. It'll be an entertaining watch.

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More information on arrested judge.

Fixed it for you.

Re: Fixed it for you.

Yep

Judges

Re: Yep

First illegal entry may or may not be a felony. Subsequent illegal entries are.***