USC: 5th A;
What is fascinating is how the current Administration are using violations of due process to be simultaneously: justified as an "Act of War," by what could at best be a non-state actor (hardly) at-war; and yet we have the most trifling of crimes often being the citation- that of overstaying a visa.
When you inspect our Fifth Amendment, one thing right off the bat is they are describing Grand Juries for felonious and "infamous" crimes, not the misdemeanor of not properly having documentation in our Byzantine pathways to citizenship.
There are plain clothes Agents of the Government arresting contributors to our Society, for arbitrary and capricious reasons, with questionable methods, including the Hell Holes they created for people in El Salvador!
To continue reading about the lack of due process in law enforcement, there are now thousands not getting proper treatment under the intended law of our founders, and the situation is preposterous. An enterprising lawyer has a class-action lawsuit brewing!
Republicans are traitors to Reagan who famously ended his second term by granting nearly 3million people amnesty to become US Citizens, moreover how dare the plain clothes agents not self identifying as law enforcement before extradition without due process? Compared to 'I'm from the Government and here to help,' Which is worse??
I'm not going to try and get my law degree here, but it is worth pointing out a couple of other things: The Miranda case settled much of the process for dealing with citizens, and seeing as they are inadvertently, giving the benefit of the doubt, rounding up citizens, they would be well advised to proceed with caution, as there can be valid claims all the way to the Supreme Court on the basis of the violations of Fifth Amendment procedures, held against the arresting agency for illegal detention.
Aside from deporting US Citizens who happen to be Hispanic, Native American, or let's say 'brown,' as would H.W. Bush, there is the general point about these Judicial Warrants from the bench naming people as John Doe, Jane Doe, and et. al., but not having near the stickiness of a named and sworn Warrant with factual evidence being the cause.
I am weary of the manufactured evidence angle; I am weary they may literally declare war inside the USA to justify actions against not just the 5th Amendment; I am weary of them deporting Soccer Coaches with Footy Tattoos; and I am very weary about the sudden snatching up of what seem to be (a) foreign students of color, (b) often Graduate level students, or even finished with College, (c) often with valid Visas, (d) some on a definitive path to outright Citizenship, and (e) exercised free speech against the Administration. Not. O. K.
Finally, an outright yellow, after flashing all those red cards: Caution; only the President was determined eminently by the most unStare Decisis-able (reversible) Supreme Courts we have had in a long time, within a very narrow scope to have some king-like authority away from being arrested for crimes; as proved in the Nuremburg trials "We were just doing our job," is not an excuse that is acceptable for the illegal conduct of everyone else besides the President; and therefore with all this already outright claimed damage, "How much will the total illegal detentions cost in damages alone?"
5th Amendment MEMO:
1. Am I being arrested? On what charges?
2. Do you have a warrant? May I read it?
3. Under the 5th Amendment, I refuse to give testimony, without the presence of a lawyer, and refuse to testify against myself.
4. May I have your badge number(s) and precinct(s)/jurisdiction(s)?
5. Where are we going (hopefully, it doesn't get this bad)? When do I get to call a lawyer?
Conclusion, Republicans represent Tortfeasers!
