That’s fucking bullshit. Detaining people is absolutely a law enforcement operation.

  • DominusOfMegadeus@sh.itjust.works
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    1 month ago

    Here’s the relevant section of the article that the title is referencing:

    He emphasized that while troops can temporarily detain individuals, they must wait for law enforcement officers to make actual arrests.

    Unless the guard troops are working directly with law enforcement, or are there at the request of the state, or the Insurrection Act has been invoked, none of which have happened or are the case, then it is completely illegal for them to be detaining anyone for any reason. Those troops should be refusing to follow those illegal orders. As should their commanding officer, but I’m getting the impression this is not a guy with a lot of critical thinking skills.

    • fluxion@lemmy.world
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      1 month ago

      Unfortunately the Insurrection Act doesnt help when the president is the one leading the insurrection

    • bss03@infosec.pub
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      1 month ago

      Even an arrest is temporary if we haven’t thrown out due process. Habeas Corpus means a judge has to look at things, and decide to extend the detention until trial. Also, the trial has to be “speedy”.

      It’s probably not good that there is a mechanism for legally detaining someone for months without them being an imminent threat to themselves or others. But, that’s been status quo as long as I’ve been drawing breath, so I’m used to it.

        • bss03@infosec.pub
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          1 month ago

          I believe most defendants choose to waive their right to a speedy trial in order to have more time to prepare. It’s so common that many judges schedule themselves under that assumption and some will even be biased against persons that do not waive that right.

          [Judge] Murphy was angry with [attorney] Weinstock because the public defender wouldn’t waive a client’s right to a speedy trial, the complaint says.

          https://www.abajournal.com/news/article/judge_who_challenged_public_defender_to_fight_then_heard_7_cases_without_co

          • jonesey71@lemmus.org
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            30 days ago

            I was arrested and bond was set ridiculously high and didn’t waive my speedy trial rights because I wanted to go to trial ASAP and get out of jail. The judge delayed it twice on me and I spent 270 days in jail until I found a bail bondsman who didn’t require any collateral because he believed someone who spent 270 days in jail instead of pleading out for time served wouldn’t jump bail. Charges were dropped shortly after I bailed out. I am not sure how they justified delaying my trial over and over but it was 100% bullshit.