This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
But the state of OR has no standing. Unless one of those arrested and released on those conditions personally sues and can get a lawyer to work pro bono, the unconstitutionality stands. Such is the state of our “constitutional republic.” Injustice can stand indefinitely until someone can pay the bucks.
Some lawyers must be trying to contact those individuals released to ask if they could represent them in a law suit on the constitutionality of such a requirement. Let those who made the policy defend it in court. More importantly, let them defend in in public. Expose the entire chain of the decision making process to public assessment.
Trump on Portland: “We’re not leaving until they secure their city … if they don’t secure their city soon, we have no choice – we’re gonna have to go in and clean it out.”
Anybody else see him dragging his right leg behind him like Grampa McCoy on Monday’s visit to that lab?
If I were them I’d sign whatever they put in front of me and offer to become Trump’s slave and donate both kidneys and my hair just to get out of there, then flip them a double bird as soon as I’m out the door, head for the nearest ACLU office, and have a good laugh with their legal staff. None of this is even remotely constitutional, and I’d probably have a valid cause of action that might net me some cash.
I like to think that if I were one of those released, the FIRST thing I would do would be to go back to the protests with a large sign reading, “RELEASED PRISONER.” Let them arrest me–perfect evidence for my lawsuit.
I’m guessing that these have very narrow legal authority and are preliminary and provisional, liable to be overturned by actual judges, i.e. district, circuit or supreme. They probably signed them based on legal advice from the agency that requested these conditions, not on a thorough review of the applicable law, and so have minimal and provisional legal force. They signed a ham sandwich, basically, upon being told that it was a valid legal document. They acted as functionaries, not judges.
Several protesters who were let go on July 23 had bans against demonstrating added by hand on their release documents by Magistrate Judge John V. Acosta, who signed off on them, a review by ProPublica found. Acosta’s office did not respond to ProPublica’s questions.
So, the protesters were Acosta’d by a Federal Magistrate. Huh!
Dreibelbis told ProPublica he roller-skated into the protest, expecting to attend only briefly. He said he knelt on the sidewalk and was arrested by officers. (The charging document filed against Dreibelbis offers no arrest details.)
Roller skated to protest, because it’s Portland.
In many of the assault cases, files are thin and no details of the allegations have been posted, even for protesters charged as early as July 6. No case files identify an alleged victim — either by name or by the “unique identifier” on their uniforms. (DHS officials have claimed it’s unfair to describe the federal agents in Portland as “unidentified” because they clearly show identification.)
So there is no description of the crime, nor the injury to the victim? How is this legal?