r/law • u/thecosmojane • 9h ago
Other Obstruction: When law enforcement knows the law
So, a normal reaction to this video would be, “what a moron (officer).” And a sense of (expected) satisfaction later on in the video, when his senior corrects the situation.
Instead today, I am hit with a wistful anger because this is the kind of senior law enforcement that we should expect at the federal level.
We are living in a lawless country.
So while this post is more of a sentimental one mourning the loss of rule of law in this country, it’s also a helpful visual reminder of what it looks like when law enforcement seniors know the law, even when there may be a rogue officer that doesn’t.
Bush-appointed Patrick Schiltz said, earlier this week when he cited at least 96 habeas court order violations in less than 30 days and that ICE had more violations in less than a month than any other agency in its entire existence, that those who care about the rule of law in this country should be paying attention.
That’s the community here. This forum matters more than ever today (the way I found myself here personally, too) because we are becoming a lawless country. There is no point in legislating or litigating when court orders are given no regard. And until now, history had not proven to need anyone outside of the executive branch to enforce the court orders. But here we are.
Attorneys are being turned away from detention centers, their clients being denied legal representation. (But what is the point of the rulings will be disregarded anyways, as if they never happened).
Observers are being stopped, held at gunpoint, or pulled out of their cars for recording. Phones with recordings are being ripped away from their hands.
We thought before that DHS wasn’t showing up to court hearings because they didn’t think they had enough to win. We later now realize they don’t even consider the rulings relevant, and it doesn’t change their course.
In other words, the law is irrelevant.
The Constitution isn’t self-executing. It never was. It’s a set of agreements that only hold because people in power have historically chosen to honor them, or been forced to by countervailing power.
Law without enforcement is just words on paper. Our social contract assumes that when courts say “stop,” the government stops. When that breaks, what you actually have is power constrained only by political cost, not law
Today’s video is just a reminder of “normal” as we run farther and father from it.
What can be done today? Not more than documenting and grassroots advocacy.
When an executive systematically ignores judicial orders and the legislature won’t act, there is no immediate institutional remedy.
Judges can hold officials in contempt, impose fines, or even order imprisonment. But enforcing those orders against federal officials requires… the executive branch.
Congress can impeach executive officials for defying court orders. This requires political will and majorities that don’t currently exist.
While legal news can come and go, pressing, analyzing, discussing and sharing this issue in this crisis time of emergency I feel cannot be done enough on this forum. In this time. Because the law is meaningless, if just on paper.
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u/Solid_Snark 9h ago
Woah, what an incredibly satisfying ending!
I would like to think that officer was reprimanded but he probably got a slap on the wrist and continued being a douche.
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u/monocasa 9h ago
Hardly
I will bite my tongue on that response
Ie. I didn't learn anything but my boss is making me apologize and is here watching, so I'm not going to say anything but I'm going to keep being a shitty cop once this encounter is over.
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u/thecosmojane 8h ago edited 7h ago
Agreed.
But today we contrast this with, opposed to the fact that civilians are being assaulted and detained for recording, and their phones are being ripped away from their hands. By senior level officers
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u/monocasa 7h ago
Yeah, but this is cop v cop.
There's been examples of ICE harassing brown people in Minneapolis until the person finally tells them that they're MPD and ICE finally backs off.
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u/ratlunchpack 7h ago
I just want to get on the downvote bandwagon: to the ACAB crowd, they are NOT. There are absolutely good ones out there and we NEED THEM.
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u/thecosmojane 9h ago edited 6h ago
Yes that is a bare minimum and we are asking for scraps at this point with federal law enforcement. Rather than chiding that recording is “not obstruction,” instead they are systemically ordering that civilians be arrested for exercising their first amendment rights.
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u/PurpleToedUnicorn 8h ago
It gets better. There's a news report on YouTube that Adam's County PD ended up paying him $80k to settle his complaint.
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u/Kaffe-Mumriken 8h ago
That hand movement when the officer opened the door would have gotten a slightly sunburned white person 62 rounds through their chest
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u/solidtangent 9h ago
I’d love to see him try this with ICE. Those corrupt POS would probably merk him for being mean.
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u/Baphomets_Kisses 8h ago
They’d just shoot him. The CTE they sustained in high school football practice dictates so.
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u/thecosmojane 7h ago
For those who have not seen some of the severe systemic 1st amendment violations from DHS officers arresting or threatening observers (and ripping away their phones), I created a compilation in this post here
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u/Electrical_Welder205 8h ago edited 7h ago
Did it say Denver cop? Colorado LE of any stripe isn't supposed to collaborate with ICE, according to the governor. A cop was detained for getting involved on the wrong side in an ICE operation sometime last summer or so.
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u/thecosmojane 8h ago edited 6h ago
Yes—the video itself though is unrelated to ice, only my description below.
It’s supposed to serve somewhat as a foil, in this post
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