QOTD -- "Civics Lesson To The Government"

 

Extended excerpt from the Opinion and Order of U.S. District Judge Fred Biery in the case of the father of 5-year-old Liam Ramos, abducted by ICE, vs the Malignant Fascist's DHS lickspittles (pdf):

The case has its genesis in the ill-conceived and incompetently-implemented government pursuit of daily deportation quotas, apparently even if it requires traumatizing children. This Court and others regularly send undocumented people to prison and orders them deported but do so by proper legal procedures.

Apparent also is the government's ignorance of an American historical document called the Declaration of Independence. Thirty-three-year-old Thomas Jefferson enumerated grievances against a would-be authoritarian king over our nascent nation. Among others were:

1. "He has sent hither Swarms of Officers to harass our People."

2. "He has excited domestic Insurrection among us.”

3. "For quartering large Bodies of Armed Troops among us."

4. "He has kept among us, in Times of Peace, Standing Armies without the consent of our Legislatures."

"We the people" are hearing echos of that history.

And then there is that pesky inconvenience called the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized. 

U.S. CONST. amend. IV.

Civics lesson to the government: Administrative warrants issued by the executive branch to itself do not pass probable cause muster. That is called the fox guarding the henhouse. The Constitution requires an independent judicial officer.

Accordingly, the Court finds that the Constitution of these United States trumps this administration's detention of petitioner Adrian Conejo Arias and his minor son, L.C.R. The Great Writ and release from detention are GRANTED pursuant to the attached Judgment...

Attached to the Order:

Not that the Malignant Fascist and his lickspittles care about the Constitution, separation of powers, rule of law, due process, human rights, protecting children, or any number of other things that used to make us a civilized country.