6 ms·

United States Code, Title 8, § 1324(a)(1)(A)(iii) (2023) > (1)(A) Any person who […] > (iii) knowing or in reckless disregard of the fact that an alien has c

by lurk2 2y ago

United States Code, Title 8, § 1324(a)(1)(A)(iii) (2023) > (1)(A) Any person who […] > (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; […] > shall be punished as provided in subparagraph (B). https://www.govinfo.gov/content/pkg/USCODE-2023-title8/html/USCODE-2023-title8.htm https://www.govinfo.gov/content/pkg/USCODE-2023-title8/html/...

ein0p 2y ago
A case study on media narrative peddling: https://www.koat.com/article/las-cruces-former-judge-allegations-gang-new-mexico/64583129 https://www.koat.com/article/las-cruces-former-judge-allegat... Original title: "Former New Mexico judge and wife arrested by ICE". It's as though he wasn't an active judge while harboring an alleged Tren De Aragua gang member. Protip: believe absolutely nothing you read in mainstream news sources on any even remotely political topic. Read between the lines, sort of like people used to read Pravda in the Soviet Union.
- exe34 2y ago
  > Read between the lines, sort of like people used to read Pravda in the Soviet Union. To be fair, you're not far off at this point.
- gosub100 2y ago
  This is why I don't believe 90% of what they say about Trump. As soon as he took office in 2017 it was so obvious that MSM was paid to absolutely destroy him. Then in 2021 suddenly everyone single problem wasn't due to the president anymore.
  - ein0p 2y ago
    I woke up to this in 2016 when theretofore beloved public figure Donald Trump turned into literally Hitler immediately after he descended down that elevator in the Trump tower, all without changing a single opinion he'd ever held. And it's been unrelenting ever since.
    - gosub100 2y ago
      and he was a former democrat! I'm not saying he's perfect, I'm not saying he's sophisticated, or that he hasn't said some stupid things. No way, there are way better republican candidates. But TDS is real.
jasonlotito 2y ago
So, based on the affidavit and the facts presented in the article, we know this doesn't apply to the Judge.
- lurk2 2y ago
  > Milwaukee County Circuit Court Judge Hannah Dugan is accused of escorting the man and his lawyer out of her courtroom through the jury door last week after learning that immigration authorities were seeking his arrest. Perhaps you’re a lawyer with greater insight into this issue than I have. The actions described in the article satisfy the plain reading of the terms “conceal, harbor, or shield from detection.” The intuitive reading seems to be further corroborated by the case law: > The word "harbor" […] means to lodge or to aid or to care for one who is secreting himself from the processes of the law. The word "conceal" […] means to hide or to secrete or to keep out of sight or to aid in preventing the discovery of one who is secreting himself from the processes of the law. > *The statute proscribes acts calculated to obstruct the efforts of the authorities to effect arrest of the fugitive,* but it does not impose a duty on one who may be aware of the whereabouts of the fugitive, although having played no part in his flight, to reveal this information on pain of criminal prosecution. Emphasis mine. https://www.justice.gov/archives/jm/criminal-resource-manual-1831-harboring-18-usc-1071-third-element-concealing https://www.justice.gov/archives/jm/criminal-resource-manual...
gosub100 2y ago
The alien was already "detected", that's why they were at the courthouse. She didn't harbor him, she was performing her job and the defendant was required to be there. I also fail to see how she "concealed" him either. "Aiding and abetting" would be a stretch, but still more accurate verbs. But those aren't in the law you quoted.
- Jensson 2y ago
  > I also fail to see how she "concealed" him either. Using a special backdoor to avoid agents is "concealing", she allegedly did that to prevent him from being seen by the agents.
  - SauciestGNU 2y ago
    [flagged]
    - Jensson 2y ago
      > And also why should this judge suffer just because the toothless inbreds at the secret police were too fucking dumb to cover all the exits? They did catch the guy, just it was more work for them. All she did was cause them more work.
mrguyorama 2y ago
>attempts to conceal, harbor, or shield from detection, such alien Does that cover "Hey, this door is closer to where we are going"? It's going to rest on convincing a jury that the only possible reason the suspect would go out that door would be the judge explicitly trying to help them evade arrest. IMO that should be impossible to prove but we have never taken "Beyond a reasonable doubt" seriously. "knowing or in reckless disregard" Funny, nobody ever arrests any of the employers choosing not to verify the documents of their employees.
- dmix 2y ago
  There was a series of other steps in the case before she let the guy use a door the public never uses. Including rushing his case through after confronting the agents and adjourning it without notifying the attorneys present in the court room. She instructed him through the door before the basic administrative tasks of the case were done. If the details of what their witness (court deputy) says is true then it's pretty obvious what happened here. Whether the government should give State judges that leeway is another issue.
  - phendrenad2 2y ago
    We really need a new HN. The fact that people will downvote your comment, which is literally 100% correct, simply because they want to believe a falsehood, is pretty sad. This isn't Hacker News, it's Delusion News. Another possibility is for downvotes to be public, and then allow people to "filter out" downvoters who seem politically motivated (a personal list would be fine, I assume it's like 5 people). HN can't really survive in the year 2025 without some radical anti-politics technology.
    - Ajedi32 2y ago
      The usual HN solution to this problem is to just flag purely political stories and not discuss politics. I agree any system that ranks posts purely on the ratio of upvotes to downvotes isn't well equipped to handle discussions of controversial topics. Unless there's a strong culture of respecting dissenting opinions it inevitably just turns into an echo chamber for one side or the other. There needs to be some way to filter out votes motivated by ideology rather than post quality. X's Community Notes has the right idea I think, in that its algorithm takes into account the ideological biases of the voters and ranks notes based on the overall consensus across multiple ideological perspectives rather than just on whichever ideological perspective has the greatest total number of votes. That's a lot harder to implement though.

by lurk2 2y ago

ein0p 2y ago

A case study on media narrative peddling: https://www.koat.com/article/las-cruces-former-judge-allegations-gang-new-mexico/64583129 https://www.koat.com/article/las-cruces-former-judge-allegat... Original title: "Former New Mexico judge and wife arrested by ICE". It's as though he wasn't an active judge while harboring an alleged Tren De Aragua gang member. Protip: believe absolutely nothing you read in mainstream news sources on any even remotely political topic. Read between the lines, sort of like people used to read Pravda in the Soviet Union.

exe34 2y ago
> Read between the lines, sort of like people used to read Pravda in the Soviet Union. To be fair, you're not far off at this point.
gosub100 2y ago
This is why I don't believe 90% of what they say about Trump. As soon as he took office in 2017 it was so obvious that MSM was paid to absolutely destroy him. Then in 2021 suddenly everyone single problem wasn't due to the president anymore.
- ein0p 2y ago
  I woke up to this in 2016 when theretofore beloved public figure Donald Trump turned into literally Hitler immediately after he descended down that elevator in the Trump tower, all without changing a single opinion he'd ever held. And it's been unrelenting ever since.
  - gosub100 2y ago
    and he was a former democrat! I'm not saying he's perfect, I'm not saying he's sophisticated, or that he hasn't said some stupid things. No way, there are way better republican candidates. But TDS is real.

jasonlotito 2y ago

So, based on the affidavit and the facts presented in the article, we know this doesn't apply to the Judge.

lurk2 2y ago
> Milwaukee County Circuit Court Judge Hannah Dugan is accused of escorting the man and his lawyer out of her courtroom through the jury door last week after learning that immigration authorities were seeking his arrest. Perhaps you’re a lawyer with greater insight into this issue than I have. The actions described in the article satisfy the plain reading of the terms “conceal, harbor, or shield from detection.” The intuitive reading seems to be further corroborated by the case law: > The word "harbor" […] means to lodge or to aid or to care for one who is secreting himself from the processes of the law. The word "conceal" […] means to hide or to secrete or to keep out of sight or to aid in preventing the discovery of one who is secreting himself from the processes of the law. > *The statute proscribes acts calculated to obstruct the efforts of the authorities to effect arrest of the fugitive,* but it does not impose a duty on one who may be aware of the whereabouts of the fugitive, although having played no part in his flight, to reveal this information on pain of criminal prosecution. Emphasis mine. https://www.justice.gov/archives/jm/criminal-resource-manual-1831-harboring-18-usc-1071-third-element-concealing https://www.justice.gov/archives/jm/criminal-resource-manual...

gosub100 2y ago

The alien was already "detected", that's why they were at the courthouse. She didn't harbor him, she was performing her job and the defendant was required to be there. I also fail to see how she "concealed" him either. "Aiding and abetting" would be a stretch, but still more accurate verbs. But those aren't in the law you quoted.

Jensson 2y ago
> I also fail to see how she "concealed" him either. Using a special backdoor to avoid agents is "concealing", she allegedly did that to prevent him from being seen by the agents.
- SauciestGNU 2y ago
  [flagged]
  - Jensson 2y ago
    > And also why should this judge suffer just because the toothless inbreds at the secret police were too fucking dumb to cover all the exits? They did catch the guy, just it was more work for them. All she did was cause them more work.

mrguyorama 2y ago

>attempts to conceal, harbor, or shield from detection, such alien Does that cover "Hey, this door is closer to where we are going"? It's going to rest on convincing a jury that the only possible reason the suspect would go out that door would be the judge explicitly trying to help them evade arrest. IMO that should be impossible to prove but we have never taken "Beyond a reasonable doubt" seriously. "knowing or in reckless disregard" Funny, nobody ever arrests any of the employers choosing not to verify the documents of their employees.

dmix 2y ago
There was a series of other steps in the case before she let the guy use a door the public never uses. Including rushing his case through after confronting the agents and adjourning it without notifying the attorneys present in the court room. She instructed him through the door before the basic administrative tasks of the case were done. If the details of what their witness (court deputy) says is true then it's pretty obvious what happened here. Whether the government should give State judges that leeway is another issue.
- phendrenad2 2y ago
  We really need a new HN. The fact that people will downvote your comment, which is literally 100% correct, simply because they want to believe a falsehood, is pretty sad. This isn't Hacker News, it's Delusion News. Another possibility is for downvotes to be public, and then allow people to "filter out" downvoters who seem politically motivated (a personal list would be fine, I assume it's like 5 people). HN can't really survive in the year 2025 without some radical anti-politics technology.
  - Ajedi32 2y ago
    The usual HN solution to this problem is to just flag purely political stories and not discuss politics. I agree any system that ranks posts purely on the ratio of upvotes to downvotes isn't well equipped to handle discussions of controversial topics. Unless there's a strong culture of respecting dissenting opinions it inevitably just turns into an echo chamber for one side or the other. There needs to be some way to filter out votes motivated by ideology rather than post quality. X's Community Notes has the right idea I think, in that its algorithm takes into account the ideological biases of the voters and ranks notes based on the overall consensus across multiple ideological perspectives rather than just on whichever ideological perspective has the greatest total number of votes. That's a lot harder to implement though.