Posted on 07/22/2020 9:32:36 AM PDT by kiryandil
OREGON ping
If you’d like to be on the Oregon ping list, please freep mail me.
“used excessive force to quell the unrest.”
Funny, I didn’t see Abrams tanks lined up side by side doing a thunder run through the streets of Portland firing machine guns and canister rounds at the terrorists.
Excellent information. Thanks for posting.
Thanks for that link.
40 U.S. Code 1315.
Law enforcement authority of Secretary of Homeland Security for protection of public property
(a)In General.— To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security (in this section referred to as the “Secretary”) shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property.
(b)Officers and Agents.—
(1)Designation.— The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.
(2)Powers.—While engaged in the performance of official duties, an officer or agent designated under this subsection may—
(A)enforce Federal laws and regulations for the protection of persons and property;
(B)carry firearms;
(C)make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
(D)serve warrants and subpoenas issued under the authority of the United States;
(E)conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and
(F)carry out such other activities for the promotion of homeland security as the Secretary may prescribe.
(c)Regulations.—
(1)In general.— The Secretary, in consultation with the Administrator of General Services, may prescribe regulations necessary for the protection and administration of property owned or occupied by the Federal Government and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property.
(2)Penalties.— A person violating a regulation prescribed under this subsection shall be fined under title 18, United States Code, imprisoned for not more than 30 days, or both.
(d)Details.—
(1)Requests of agencies.— On the request of the head of a Federal agency having charge or control of property owned or occupied by the Federal Government, the Secretary may detail officers and agents designated under this section for the protection of the property and persons on the property.
(2)Applicability of regulations.—The Secretary may—
(A)extend to property referred to in paragraph (1) the applicability of regulations prescribed under this section and enforce the regulations as provided in this section; or
(B)utilize the authority and regulations of the requesting agency if agreed to in writing by the agencies.
(3)Facilities and services of other agencies.— When the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, and local law enforcement agencies, with the consent of the agencies.
(e)Authority Outside Federal Property.— For the protection of property owned or occupied by the Federal Government and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments to obtain authority for officers and agents designated under this section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State and local law enforcement officers.
(f)Secretary and Attorney General Approval.— The powers granted to officers and agents designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.
(g)Limitation on Statutory Construction.—Nothing in this section shall be construed to—
(1)preclude or limit the authority of any Federal law enforcement agency; or
(2)restrict the authority of the Administrator of General Services to promulgate regulations affecting property under the Administrator’s custody and control.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1140; Pub. L. 107–296, title XVII, § 1706(b)(1), Nov. 25, 2002, 116 Stat. 2316.)
Seriously. These wet dreams often expressed here about judges being imprisoned for their rulings don’t get us anywhere. If your question is serious then here is the answer: Judges are immune from civil or criminal liability for their rulings. The remedy is to appeal the ruling, though that’s not
Much of a remedy given the 9th Circuit, but it’s the remedy there is. For bad conduct in office they can be impeached. Those two are the only avenues. Full stop.
I can’t imagine any judge from any district rendering a decision which constrains the US Government from legally enforcing federal law inside these United States.
They may nip on the heels of method, but not on authority.
Ridiculous on its face.
The judge would have to overturn federal supremacy to side with Oregon. The South tried that once before and it did not work out too well for those states.
Funny sh*t. I think if I went to Philly and tried to destroy the Federal building,I would be handled rather roughly and put away for at least twenty years and destroy my life.
Right after these self-important a-holes make rulings like this, they need to be rounded up by Federal Marshals and taking in for "questioning".
There are a zillion felonies, everybody's guilty of something...most likely corruption or malfeasance of office in their case.
Let these communist quislings experience a belly-full of their own medicine.
“No judge can tell the feds to leave a State. The judiciary is not a dictatorship.”
That’s never stopped a District judge when it comes to a case involving President Trump.
Its just a straw man. The agents are using rental cars because their marked patrol vehicles would invite attack and arson as we have seen around the country.
A fully equipped marked patrol vehicle costs 60K, a rental van costs 25K and if it gets trashed the replacement costs comes out of the general fund and not the agencies budget.
Do they value the Rule of Law, which makes our way of life possible (but they take for granted?)
If they aren't willing to be bound by the Rule of Law, they have no claim on its protection. NBL.
My bet is that the judge will grant an injunction. Why? Just because he’s a federal judge and has the power and wants some publicity...plus, he doesn’t want rioters showing up on his front porch.
They stuck a gun into Elian Gonzalez’s face and the libs and media thought it was great.
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