Kudos to the Honorable Kate Menendez. However, I am furious that an order to OBEY THE F-ING LAW is necessary.
Arresting, pepper spraying, shooting rubber bullets at persons who are engaging in peaceful and unobstructive protest activity is a violation of their civil rights.
And violations of civil rights "under color of law" are prosecutable crimes.
This order feels akin to issuing a TRO against premediated murder or assault and battery. It feels ALL WRONG.
The injunction against actions that are ALREADY CRIMES has the effect of making the question of whether the crimes are crimes debatable.
And that is INSANE.
It infuriates me. We are in an unprecedented time in which crystal clear laws are somehow rendered "debatable," and NO ONE SEEMS TO TAKE NOTE OF IT.
And if some higher court overturns this order, what that court will be saying is "We declare that ICE be given free reign to violate civil rights under color of law." Miller's declaration of a post-law America would then be made manifest.
a. Retaliating against persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge.
b. Arresting or detaining persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge, in retaliation for their protected conduct and absent a showing of probable cause or reasonable suspicion that the person has committed a crime or is obstructing or interfering with the activities of Covered Federal Officers.
c. Using pepper-spray or similar nonlethal munitions and crowd dispersal tools against persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge, in retaliation for their protected conduct.
d. Stopping or detaining drivers and passengers in vehicles where there is no reasonable articulable suspicion that they are forcibly obstructing or interfering with Covered Federal Agents, or otherwise violating 18 U.S.C.§ 111. The act of safely following Covered Federal Agents at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop.