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Comment by tomaskafka

1 month ago

That is a great analogy. There are countries where a police can throw you into a lifetime jail with zero option for justice unless you are a famous person from a well known western country.

Those countries are North Korea, Iran, Russia, Google and Apple.

Well the US can do it with CBP/ICE, but not for life. I was placed in a jail without being arrested or being accused of a crime and they were very clear at all times I was not even arrested, nor did a federal criminal history search show any record of arrest. No access to lawyer either.

US Citizen. Contacted lawyers, all informed me they'd given up trying to sue for these things because it's hopeless.

  • You should contact IJ. They recently took up a case like this.

    https://ij.org/press-release/us-citizen-and-army-veteran-sub...

    • Looks like the statute of limitations has ran out.

      I typed up a ~100 page document with very thorough records of the retroactive warrant, what happened, and medical records to try and hold at least the "medical care providers" accountable but the board determined that the medical care providers were performing a (warrantless) law enforcement search and not medical care so their license wasn't in jeapordy. Not sure how they determined this since they were in no way deputized nor were they employed by the government, and in fact I was personally being billed for it.

      The CBP argued the opposite, that medical care was rendered and not a search so CBP was not liable for extending the ~12 hours during which they "detained" me with no evidence. CBP argued they held me for my own safety because I could die of non-existent drugs.

      The challenges to this have all failed (see Ashley Cervantes, basically identical legal facts) so it seems the courts are pretty satisfied with the catch-22 of any challenges of the criminal aspect to be ruled as medical care (thus unchallengables) and then any challenge of the medical care to be ruled as a detainment for a criminal search (thus unchallengable).

  • Assuming what you're saying is true, this is the kind of thing 2A was written for. I don't mean for you personally, but for society it's really the last line of defense against a rogue government. But, even if your story is totally made up it's completely believable. Scary times.

  • how long were you in jail? How did you get out?

    • ~12 hours in jail, a few hours shackled in prisoner transport vans, and then ~12 hours in cuffs at a couple different hospitals hospital (where I was touched by health care professionals without my consent and without a warrant) while they waited for signs of non-existent "drugs." Shortly before I was released they served me retroactive search warrant, signed by a judge after it happened, using made-up PC that did not even state the name of the person or animal they claim prompted it.

      I was released after an HSI guy showed up, took a quick look at me, decided I wasn't a terrorist or whatever, served me the retroactive warrant, and then I was sent on a prisoner transport van to be dumped at the border with my all my shit (including my shoelaces) in a plastic bag.

      For the hospital part I was sent a ~$1k bill, which is still in collections.

      12 replies →

First of all - add Israel. If you're a Gazan than this goes without saying, but even if you're a citizen, then - the General Security Service can and does people into custody without a warrant; often does not publicly disclose or admit said custody; and has "secret" detention facilities to hold such people (example: https://en.wikipedia.org/wiki/Camp_1391)

I also wonder about the US: What about the secret imprisonment mechanisms it set up after the 2001 attacks on the twin towers (9/11)? Were those ever dis-established?

The US has done just that to Abrego Garcia, and is now giving him the choice between confessing to a crime that he hasn't been convicted of (and likely didn't commit) and deportation to a country he has never been in.

  • Abrego Garcia has attorneys working his case through the US justice system. That is a key factor that the other entities lack.

    • He has already been illegally disappeared to El Salvador, despite theoretically having access to a lawyer. It took a national story for him to be brought back, only to get threatened by the exact same thing.

      Lawyers only matter if the people with the guns think they should be bound by the law.