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Newton District Court judge faces federal charges for allegedly helping defendant escape ICE agent in courthouse

Joseph

Newton District Court Judge Shelley Joseph and court officer Wesley MacGregor were both charged with conspiracy to obstruct justice, obstruction of justice, obstruction of a federal proceeding and perjury for an incident on April 2, 2018 - in an indictment today by a federal grand jury that has been investigating them for nearly a year.

At issue, according to the indictment, is a man arrested in Newton on March 30 on drug charges and as a fugitive from justices from Pennsylvania. Newton Police sent his fingerprints to a national database, where an ICE agent noticed them and submitted a "detainer" to have the man held for possible deportation because he had already been deported from the US in 2003 and 2007.

According to the affidavit, a plainclothes ICE agent went to Newton District Court and alerted court officers, an assistant Middlesex County DA and the man's lawyer that he was there to take the man into federal custody, before taking a seat in Joseph's courtroom. After letting the agent cool his heels for several hours - and at one point having her clerk order him out of the courtroom to wait in the court lobby, the indictment alleges, Joseph had MacGregor take the man's lawyer - who maintained his client was not the guy wanted in Pennsylvania - down to the man in a basement lockup, where MacGregor then opened a rear door and let the man and his lawyer out, evading ICE detention.

Part of the conspiracy charge involves Joseph turning off a courtroom recording device for 51 seconds during a sidebar discussion with the lawyer - who was not charged in the indictment. Federal prosecutors say this is when Joseph and the lawyer figured out how to get the man out of the courthouse.

The feds also charge that Joseph then lied about what happened during a meeting with other district-court judges by allegedly lying that the machine went off because of her unfamiliarity with the equipment. MacGregor is charged with lying to the grand jury last July when testifying about how he let the man out of the court; prosecutors allege he falsely claimed that he didn't know the man was wanted by ICE or that there was an ICE agent in the courthouse.

Joseph, 51, of Natick, and MacGregor, 56, of Watertown, could face up to 20 years in federal prison if convicted, the US Attorney's office reports.

In a statement, US Attorney Lelling Andrew Lelling said:

This case is about the rule of law. The allegations in today’s indictment involve obstruction by a sitting judge, that is intentional interference with the enforcement of federal law, and that is a crime. We cannot pick and choose the federal laws we follow, or use our personal views to justify violating the law. Everyone in the justice system - not just judges, but law enforcement officers, prosecutors, and defense counsel - should be held to a higher standard. The people of Massachusetts expect that, just like they expect judges to be fair, impartial and to follow the law themselves.

Matt Cameron, an immigration lawyer in East Boston, retorts:

There are no words for my fury. THIS, only 1 wk after the #MuellerReport, is where the DOJ draws the line on obstruction?

I stand with Judge Joseph & challenge anyone who claims to care about federalism, states' rights, & "limited government," to join me

In short, Judge Joseph:

1) Had serious concerns about whether ICE was about to detain the right guy

2) Exercised authority as a trial judge charged w/preserving order & dignity in the court to instruct a court officer to escort the defendant off the premises

Innocent, etc.

The indictment (1.7M PDF).

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Comments

Hopefully the feds don’t stop with these two criminals.

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...they can get their day in court. Fascist mouth-foamers like you haven't completely destroyed the constitution and due process yet.

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Or maybe they can get their day in court

Excellent plan. That was always a great thing until they stopped prosecuting crime.

You do know, the old sneak-em-out-the-back-door thing is no longer a viable option. Sheriff Trump done laid down the law.

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Glad you see him as "Sheriff Trump". And I'm glad you apparently think it's ok to just presume people are guilty before they have a fair trial. Or maybe you're being sarcastic. It's hard to tell these days since your response was pretty spot on for the adult babies who call themselves Trump supporters.

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And I'm glad you apparently think it's ok to just presume people are guilty before they have a fair trial.

Absolutely. I am not the government. Sometimes people mistake me for one, but I don't know why they don't mistake me for one of those bad governments that are not really into innocent-until.

I am thankful to live in a country where even dumbass criminals get their day in court. I would not have the patience to run a country like that day in and day out.

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This is great news. A MA judge helping a twice deported illegal alien, facing new cocaine charges, to literally go out the back door while an ICE agent with a lawful detainer was sent the other way to the lobby. It's great to see President Trump's feds stepping in to prosecute state corruption while our own MA AG Maura Healey is busy with her latest lawsuit against our President. Hopefully it's the first of many MA judges to be indicted since this is the rule not the exception in our Deval and Tall Deval infested courts. The state legislature has the power to remove judges but has failed to do so even in the most extreme circumstances. At least the feds are now stepping in. #MAGA

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We should reprimand them for going after courthouse appearances. It is pretty underhanded what ICE has been doing to detain people for complying with laws.

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ICE only detains people for as long as it takes to safely return them home. If an ICE detention lasts longer than a week, it's usually because the person is objecting to being returned home.

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didn't exist?

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That’s CBP. CBP handles issues at the border (that’s what the B stands for) while ICE is involved with immigration enforcement beyond immediate border issues, along with some customs issues (the I, E, and C in ICE)

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How do you define "home"? I grew up in a city that I haven't lived in for decades. Is that "home"? If you were brought here by your parents at the age of two and you were deported to your country of birth, would that be "home"?

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To Trump supporters, it's just some "other" place where brown people live...or something. It's just not Here, where freedom lives and stuff.

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Not when it concerns corruption or sexual assault or national security?

What a simpering little fascist you are and someone who truly hates life, liberty and the pursuit of happiness.

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#MAGA? How? Explain to me how the current administration has made America great again? And please explain to me exactly when and why America was great. This is a serious request. I'll start below... everybody...please join in!

Was it when:
America was all for slaves?
When slave owners raped their slaves?
When slave owners had children due to their raping and made them slaves too?
When we were lynching POC (let's not forget it's in the not so distant past)?
When when women were treated as property?
When women couldn't own credit cards on their own?
When women died getting back ally abortions?
When women weren't allowed in the workplace?
When there were no environmental standards and corporations were (and are back to) ruining the planet?
When there was child labor?
When you had no rights as worker?
When POC couldn't vote?
When women couldn't vote?

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It was pretty great from post WWII until the mid aughts.

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one race and one gender in this country post WWII really nobody else

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Only one gender and race has been successful in the United States.

Give me a break.

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The fact is that racism and sexism are ingrained in this country's history and played a huge part in shaping it throughout the centuries. But, you right wingers want to bury that, and pretend that it never happened.

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For white men yes it was. That is why Trump is president. White people are scared of being treated like they've treated everyone else for centuries. It's nothing but that. The guy and his family were racist shitbag grifters long before he threw his hat in the ring. The people voting for him knew that...he was their white savior.

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The only people who think America is Great Again are the swamp President Cheeto has filled our gov't up with who only look to gain from fleecing the tax payers.

Everyone else can go to hell apparently and lap this MAGAshit up like a dog at a water bowl.

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Applies to The Don. Trump’s taxes were legally demanded. He refuse to comply with the law. Trump seeks to persecute a state judge who refuses to kowtow to him while violating the law himself.

It will be a refreshing day when Don the psuedo-Mafia Don acts as though he is subject to law, instead of acting as a king that law can not touch.

We got rid of a king over 2 centuries ago. We will not have a new one.

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Maybe...a "witch hunt"? Isn't that a favorite go-to line for your Dear Leader?

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Abolish ICE

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on plane tickets for any and every third worlder to come here and stay at your place.

What I do see, however, is you typing out slogans someone else has placed into your head and believing that you're a better human being for having performed your parrot act.

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unlike yourself, not everyone is incapable of independent thought. And yes, being against ICE does make one a better human being, though based on your posting history you're a low bar to clear.

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Politics aside, this is a pretty wild abuse of power by both the suspects.

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The Federal govt is not only having the State & municipal govts do their work for them and for free! Regardless of how you feel about the individual detainees, this is bigger than that and a dangerous precedent. Literally the Constitution is involved here. I'm all for have ICE do their own damn job (and being disbanded - it's been outside the Constitution in a lot of matters with their Gestapo like behavior).

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Immigration from foreign countries is not a States rights issue. It's a Federal issue

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(Read Article IV)

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I dont understand people who bend over backwards for people who break immigration laws.
The fact that she is a Judge is even more troubling.

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like how Melania Trump's immigration was dubiously fast-tracked?

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I Mean what I wrote...
Dont drag the orange ones wife into it.

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When Federal Judges are performing defiant acts of civil disobedience in order to protect human life from Dear Leader's squad of sadist police academy washouts you just know this place is done for.

30% of our population controls our government from sparsely populated states, our elections are compromised and the gop is cool with it, and it seems anyone with the power to put the reins on the Orange One (looking at you, turtleman) are wholly corrupt narcissistic racists.

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ICE issued a detainer for the man in custody not based upon the charge of being a fugitive from justice (not justices) in Pennsylvania, but rather based on the fingerprints sent to a national database. It seems rather unlikely that a fingerprint match would mean that ICE was trying to detain the wrong guy, and a State District Court judge certainly ought to be able to connect that set of facts together.

And in any event, the judge's "authority as a trial judge charged w/preserving order & dignity in the court" doesn't entitle her to interfere with Federal law enforcement officers lawfully carrying out their duties. That will and indeed has put her on the wrong side of the law. As someone who by training and position should know the law far better than 99.9% of the population, the Feds absolutely should throw the book at her.

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Of course his fingerprints would be in a database if he has had previous interactions with ICE- or previous deportations.

Unfortunately for the MAGAverse, the constitution does not specifically direct its rights to citizens. Most language is directed to persons on US soil, including due process (unless in immigration proceedings which this was not).

The important aspect of this case that shouldn’t be overlooked is the identity of the defendant was not confirmed and the Judge was concerned about mistaken indenting.

Taking a step back from good ole hate mongering directed towards undocumented folks, isn’t it concerning that a man would be removed after showing up for a court date when it could have been the wrong person? Isn’t concerning to remove a person’s access to due process especially when they are abiding the law and showing up to court?

I appreciate a Judge who follows the law, respects due process and I would do the same. I would do it for all the racists and MAGA supporters as well because when you start stripping away rights and humanity for one person, it’s easy to keep doing it to others.

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Doesn't extend to determining if ICE is detaining the wrong guy. That's up to a Federal judge/magistrate/administrative law judge to determine. In any event, if the guy came up as a match via fingerprints to someone who had been deported twice, chances are that he's been barred from entering the country for a long time, if not life, and that's grounds for deportation.

Commending the guy for showing up to a court date is like commending someone for stopping when a (legitimate) cop is trying to pull them over. You're required to do so by law and if you don't you're going to be in worse trouble. If the charges are truly against someone else then showing up to court is your opportunity to demonstrate that, rather than facing the additional penalties for not showing up to court when summonsed.

There's no removal of "a person’s access to due process" because he'd still have a hearing with an immigration judge. That said, if he had been barred from entering the country and there's a fingerprint match, it's an open-and-shut case.

You can appreciate judges who follow the law but she wasn't following the law! She was just making up shit as she went along to satisfy her own political leanings. And she knew she was doing something illegal because she turned off the recording device in the courtroom to conceal the discussion of how to sneak the defendant out the back door! That's absolutely outrageous!

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Will turn this into a movie. Props to the judge!

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The Fugitive Slave Act was repealed in 1864

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How Massachusetts is conducting itself, then maybe it should quietly, and without violent resistance, step aside as Massachusetts becomes its own country. We're subsidizing this experiment, after all.

Money talks. (Expletive) walks.

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Then we ask to be annexed by Canada

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We'd have the maple syrup market pretty much locked up. That's worth a lot.

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As a kid growing up in New York state public schools, we were taught that we produce more maple syrup than Vermont, so there.

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Nice people, but too damned cold. Plus everything will cost 33% more.

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Yeah who wants healthcare that won't bankrupt you if you get sick? Who wants access to affordable insulin? Who wants to live in a country where military spending isn't 50% of discretionary spending? Sounds terrible.

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A- been almost 10 years since we had healthcare breaking people . Far from perfect, but different times.

B - tell me you aren't so stupid or naive that you don't understand why we have to spend so much on defense?

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A- What nationality are the people on this list begging for money? https://www.gofundme.com/start/medical-fundraising?utm_source=google&utm...

It must be nice in your world where people aren't rationing critical healthcare or going bankrupt to pay for treatment.

B- I am smart and worldly enough to understand that we don't need to spend more on defense than the next 7 countries combined! https://www.pgpf.org/chart-archive/0053_defense-comparison I'm an aerospace engineer smart and worldly enough to know defense systems like the F-35 are utter wastes of money. I'm smart and worldly enough to know we don't need to invade countries like Iraq for oil.

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The money isn't for health care - it's for lots of other stuff. Handicap access, better physical therapy programs and more. The healthcare is covered. If you are not getting critical healthcare in this country either your local hospital is doing something illegal or you are doing something wrong.

There are of course utter wastes of money in any 700 billion dollar budget. And maybe it should be 600 billion. But there's a reason ours is WAY bigger than others and why it absorbs so much of our otherwise discretionary budget.

Iraqi oil? Lots of reasons we may have invaded them and many of them not good reasons. But oil wasn't a major driving factor in that - at least not directly. In fact we are now net EXPORTERS of oil.

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So I have to ask you, what the hell are you smoking?
I just cut and pasted a bit from the very first cancer patient that came up on the link I sent: “Going through the treatments for 2 years, took a toll on our financial status. I wouldn’t have believed that the common reason for bankruptcy is health care expenses three years ago. After going through all the expenses, I’ve realized that it is challenging financially to have the health care expenses. We sold our house and liquidated all our assets and savings to go through this, however, we were content that she was free of cancer. ”.

People are dying needlessly of diabetes every day, people are going bankrupt over healthcare costs every day, Life expectancy in this country has dropped for the last three years straight! I mean open a newspaper, read any study on healthcare in this country...something. Your callous ignorance is stunning.

On defense, Glad to see even someone like you admit we’re wasting billions of dollars a year.

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Very hard for health care costs to cause bankruptcy. If they do, with possibly a few exceptions, you probably were doing something else wrong first. Pre ACA you were right. Today it's virtually impossible for health costs to be the root cause of bankruptcy.

Keep in mind that about 50% of Americans literally can't afford to change their tires if necessary (think about that next time you are on the road).

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That's your argument?

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Brilliant! Instead of being the Commonwealth of Massachusetts, MA could become the Confederacy of Massachusetts.

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Surely we'd be the Unionacy...

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That said, I agree. I don't feel particularly obliged to pay for Alabama anymore. I think the mortgage on that and a lot of other property is under water and it's probably time to divest. Maybe the UK is amendable to a lofty free trade open border concept. I wonder what they've been up to.

#confederexit

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Also! Will, I have never seen eye to eye with you on a lot of issues. We're not encoded the same way. That's fine. I think we can argue peacefully, that's a reason why I like uhub.

What you wrote there was wonderful.

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Wait. What was the criminal's crime? For those who don't want to see him deported, can he just stay here?

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Was deported twice previously, and had a warrant out for his arrest on drunk driving and drug possession charges. Just a misunderstanding I'm sure. Great work your Honor.

https://www.salemnews.com/news/state_news/baker-wants-judge-removed-amid...

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Politics aside, all this stuff costs money, not just taxes, but taxpayers private funds.Either there is personal responsibility, or there is chaos. I am sure the judge got paid while judging.

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Having the State or municipal govts do ICE's work for them for free, it drains money from local taxes, affecting local services. Nevermind whether the guy was guilty or not, "illegal" or not, this is a Constitutional stance. ICE is acting like they don't have to comply. Unless specifically stated as being the right of a citizen, the Constitution protects all occupants in the USA, including visitors and so called illegals. There's a reason why W/Cheney incarcerated people outside the US and it wasn't to protect us.

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The man was arrested by local authorities for drug charges and for being a fugitive from justice in PA and was going before a judge. His fingerprints were sent to the national database. All this seems pretty routine and no more draining on local taxes than any other arrest. The ICE agent saw that the fingerprints matched a person who had already been deported twice, knew where this person was going to be at a certain day and time, and went to pick him up. It actually seems like the ICE agent was saving federal tax money but not having to spend many more hours searching for this individual. If this person is in the country illegally, the ICE agent has the duty to pick him up and detain him.

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Oafish-LOL is a magagaga from the land o' maga.

The other problem is the one about moral authority. If the judge believes based on data that the president is morally wrong, then she has to act. All the fucktards like Oafish-LOL would not even have a country named USA to masturbate about if not for that fact that long ago the problem of moral authority caused rebellion against great Britain. That the magagagagas with their puny misfiring Tory brains are hung up on the letter of law, but ignore the evilness and vileness of spirit in which it was contrived well, that's just because their evil and vile.

Judge and bailiff should get no more than a slap on the wrist. And that's all they will get if there is any justice.

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I agree with most of your message, but can you make your point without using a disability slur please?

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Yes. Will do going forward. And I won't even split hairs about the origin or viability of whether or not that's a slur. Although when I get mad I lose control, but I will try

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I stopped reading after the first ad hominem. Is there a tl;dr that doesn't read like it was written on the wall, in blood, in a detox cell?

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Not sealioning here, honest question -- how do you feel about "fuckwit"? Or any other cognitive attacks (idiot, dope, dummy, etc.). What's a way to convey willful stupidity and not a disability slur?

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I personally do not call out idiot, dumb, stupid, etc., because I don't believe these words are associated with disability, and I feel that they're used more to refer to behavior rather than any sort of innate qualities. Almost all of the calling out I hear around these words is nondisabled people wanting to show people how not ableist they are. Same with "crazy;" I frequently hear this one used by people with psychiatric disabilities to refer to behavior they'd rather have not engaged in, not to refer to their overall self. I've also had very progressive, very sensitive-to-language folks with physical disabilities tell me that "lame" really does not mean anything of that sort these days, and is really the best word for, say, a weak excuse. Hey, sometimes a person's particular physical disability is that something is weak. Should I stop saying that? I mean, when we get to the point where we're focusing on every single word that is remotely associated with an oppressed group, it gets hard to communicate. The current stance held by most of the disability community is to be descriptive and not use euphemisms.

There are people who call out stupid/dumb/lame/crazy as ableist, and I'll refrain from using them around them if they ask me. The one exception is when I witnessed a disabled white loved one ask a disabled Black loved one to stop using "crazy" in an AAVE context in which it was used extremely positively to describe something amazing, and I was just like, no, the person did not use it as any sort of slur, and just no.

The -tard words though are just a slur. That word isn't used really as anything but. It's not been the medical descriptor for decades, people with disabilities and their loved ones absolutely do associate it with being used to disparage them, and it's crude and tacky anyway. I wouldn't bat an eye at someone I supervise saying that somewhere has kind of a dumb protocol for making referrals, but I'd be all over them if they thought any -tard word was fine to use at work. Or at all.

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have so completely and irreversibly fucked up their own credibility, to the point where federal justices are willing to risk their own careers and livelihoods in order to save prisoners from the almost-certainly-unlawful-conduct they'll doubtlessly experience at the hands of ICE... what exactly are you fighting for, MAGA hats? What's your best case? Most likely outcome is the country corrects course in two years, and every one of the corrupt R's at the top of the pyramid scheme gets sent to jail for a long time. Best case for you, you might well manage to spark a civil war, at which point you'll discover that 80% of the economic activity in the nation comes from blue states, and you can't buy ammunition for your insurrection based on Trump's pinky-promise to pay his debts. Worst case, the Dems sweep the house, senate, and presidency in 2020, and you goddamn morons discover that actually, no, there's no such thing as anonymity on the internet. Enjoy the next version of the Nuremburg trials, y'all!

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This is a decision made by Lemming Andrew, Barr and very possibly Trump. The overall goal is to intimidate state judges. Typical Mafia tactic. Attack one state judge person to send the message to all state judges that where immigration is concerned they are best just turning the person over to ICE.

This is the work of fascism. Of the little that Trump understands about government he does realize that in the US the state governments have far more power than in dictatorships. So Trump wants to whittle away state power so that he can further consolidate his power. He has used other federal agencies such as the cabinet and executive agencies to impose his will. Examples are eliminating net neutrality via the FCC and sacrificing untouched land to oil companies.

Now he sees an opportunity to start intimidating one of the branches of state governments when those branches are not obedient to his will.

Trump is focused on immigrants because he sees that as the one issue he can create the most fear and hatred. But for Trump that is just the start. Turning government against Gay people and therefore supporting liars whose agenda is to kill off Gay people is a step. Pushing to apply bogus criminal charges against Hillary was just a step toward imprisoning his political opponents.

Trump wants to be a dictator; he follows the methods of fascists. He will destroy anyone who doesn't obey him.

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The suspect was deported under G.W. Bush and under Obama was deported again and barred until 2027. Their successor (heck, more likely some career civil servant who got their job under one of them) went to enforce a lawful removal order and instead was allow to flee due to the actions of the accused in this case.

Many of Trump's actions are well worthy of criticism, including those concerning immigration. The case of a drug dealer who had been barred from being in the country in the first place is not the best one to start one's criticism of his administration. The Obama administration would have issued the detainer, and if there was a movement towards letting suspects flee, they would have probably considered obstruction charges, too.

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I'm sure Trump was sitting at his desk going over the fingerprint records of the accused and when he was released, sent his foot soldiers ICE marching up to Boston to deport the poor soul.

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...and a miss. The comment was about an effort to erode a coequal power of government; you've turned it into a discussion of who deported whom. It's like we're talking about building materials for houses and you say "but THAT one is pink and THAT OTHER ONE is pink and so they're the same!" You do this a lot. I suggest you reread what you're responding to and think -- like really think, for five solid minutes -- without responding again.

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Aren't coequal to the federal ones. In many matters (areas where the Constitution reserves power to the Federal government or shares it between the Feds and states) Federal law and courts take precedence over their state equivalents.

Again, the fact that Shelley Joseph was a state District Court judge does not exempt her from complying with federal law. Her authority as member of the judicial branch at the state level does not extend to invalidating federal statute. The ICE agent showed up with a lawful order to detain the suspect and at the absolute minimum she was required by federal law to not actively obstruct the enforcement of that order.

This is why she and her court officer had to show up to Fan Pier yesterday.

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" intimidating braches of state government? How so? A federal attorney indicted a local judge for obstructing a federal law enforecemt officer from detaining a twice-deported, drug dealing, drunk driving, legal immigrant.

Only one person here was doing their job, the other was committing a crime by forwarding a liberal lunatic agenda.

And guess what - oi you sneak into another country (say in Europe) for the third time, sell cocaine, and drive around drunk - they are deporting you as well. We are not the only country with immigration laws. We're just the one that has idiotic judges trying to undermine them to let criminals walk free.

The day of her indictment was a GREAT day.

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Fantastic job making the cities, town, and streets of Eastern MA safer.

And thank you for making every liberal commenter on UHUB lose their ever-loving minds today by indicting this lunatic activist judge and her henchman.

Think about it, a JUDGE obstructed justice and let a twice-deported, drug-dealing, drunk-driving, illegal immigrant out the back door of a COURTHOUSE so he could escape justice.

This isn't some foreign student who overstayed his Visa, or an innocent DACA kid - he is a career scumbag felon, and she sided with him (placing every citizen in jeapordy) over a federal law enforcement officer trying to do his job. Shame on judge Johnson - enjoy prison!

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1)It's "Lelling", not "Telling". Obviously not a typo but a case of someone (you) who can't be arsed to get the facts.

2)Don't recall hearing from you when it was announced that white supremacist terrorist Christopher Hasson would be freed -- who, by any objective measure, represents a much greater danger to "he cities, town, and streets of Eastern MA".

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Classic move to point to an unrelated case, bravo.

Yesterday's news still has you all twisted up I can see.

Not looking good for "super-woke" judge joseph, especially the crying part.

Yesterday was a great day for the people of Massachusetts and the Country A great day.

And you have a good day as well.

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Yesterday was a great day for the people of Massachusetts and the Country A great day.

I spend a lot of my time on this planet having faith in things. Faith in the value of a dollar, faith in the good of the common man, and yes, faith in our legal system.... hell, any system in the realm of our government.

Yesterday *was* a great day.

Don't like the law? Change it properly. We have provisions for that. And if you are gonna make a stand with disobedience, try to pick a more family-friendly martyr than an illegal with priors and currents.

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Keep her and her accomplice in jail until the illegal alien is caught (again). Then have them stand trial. It would send a useful message. When people are deported and continue to illegally re-enter? What to do, what to do........?

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That’s not the point of pre-trial detention.

Also, the illegal alien has been in federal custody for a while.

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