A federal judge in Oregon says he can no longer assume ICE agents are telling the truth in their arrest paperwork, declaring Monday that live testimony is now “necessary” after finding that warrantless arrests are still being made and facts are being “fabricated in official records” by immigration officers.
In a 50-page opinion, U.S. District Judge Mustafa Kasubhai ruled that ICE repeatedly violated an existing court order governing warrantless immigration arrests in the Beaver State, with inaccurate reports, missing records and accounts that did not match what actually happened.
The judge’s loss of confidence in the agency was so pronounced that he withdrew the usual presumption that government officials have properly performed their duties.
I’m amazed this was an acting assumption in the first place. I know trial lawyers on both the defense and prosecution sides, and everyone always assumes the cops are lying either directly or by omission. The question is only how, and whether it is detrimental or beneficial to one’s position in the case.
It’s a legal principle called the presumption of regularity that legally requires the judge to assume that the government is acting in good faith when cases involving the government are heard.
The lawyers doing the litigation are not bound by it, but the judge is. The article mentions it by name in the very last paragraph.
It’s a high evidentiary bar to overcome, but this judge had enough to throw it out. Pretty sure this decision, and others like it, are part of why Harmeet Dhillon is walking away from the Department of Justice now.
“Presumption of honesty” is the standard way for a court to treat government officials. For it to be officially revoked like this is actually a huge deal.
This is a good development. It’s the kind of thing that they needed to have their ducks in order before they could do though.
It will be interesting to see what they do next.
Police and courts are parallel entities and “criminal justice” basically falls apart if they don’t play ball with each other. They aren’t going to assume malfeseance from their own enforcers.
Stephen Miller and Greg Bovino not only lied to these bounty hunters that they didnt need to follow procedure but told them they would be above the law and protected forever.
Wait til they realize theyll be fired before they get those bonuses
Do you have a moment to talk about our lord and saviour the apostrophe? We’d also like to tell you about punctuation in general.
fuckthisisamericawhatthefuckdoyouexpectwehaveapedophilefotapresident