I think something that needs to be on the agenda once sanity is restored to the US government is 1) kill qualified immunity and 2) criminal penalties for federal agents or officials who grossly violate rights. Someone who does this should legitimately fear it will put them in prison. - ThreadSky

bretdevereaux.bsky.social • 53 days ago

I think something that needs to be on the agenda once sanity is restored to the US government is 1) kill qualified immunity and 2) criminal penalties for federal agents or officials who grossly violate rights.

Someone who does this should legitimately fear it will put them in prison.

Reposted from Kyle Cheney

NEW: A federal judge raised alarm Friday that the Trump administration appeared to have deported a 2-year-old U.S. citizen to Honduras with "no meaningful process" — even as her father was fighting to keep her in the country.

Details w/ @joshgerstein.bsky.social

www.politico.com/news/2025/04...

Comments

hurricanexyz.bsky.social•53 days ago

I would like to see this done by constitutional amendment! Took a stab at drafting a Republicanism Amendment last year, cleaning up a whole host of "oops the government is above the law" issues

https://eveningconstitutional.net/how-not-to-reform-the-supreme-court-part-one/

hurricanexyz.bsky.social•53 days ago

(Though at this point I'm pretty on the fence about "do we need a slew of amendments or just a whole new constitution?")

greenclock.bsky.social•53 days ago

This honestly assumes a greater leeway for any restored democratic government then is reasonable.

cpoche.bsky.social•53 days ago

It's time for the Third American Republic

busillis.bsky.social•52 days ago

This sort of thing is exactly what the "qualified" part of "qualified immunity" is already supposed to cover (but generally doesn't).

The best we can get is people deciding not to worship cops - anything less is likely to end similarly, at least in this country.

busillis.bsky.social•52 days ago

Could an ICE agent have a reasonable belief that abducting a two year old citizen from their family and shipping them overseas isn't a violation of their rights? Obviously not. And yet...

triggerloop.bsky.social•53 days ago

Absolutely agree- but how to kill QI without getting non stop “blue flu”

phillyinsomniac.bsky.social•53 days ago

I feel like "all the police who only work when they can do crimes on the job stop going to work" is a solution rather than a problem

triggerloop.bsky.social•53 days ago

Sorry I meant on the job blue flu

robertstadler.bsky.social•53 days ago

Then we need also an inspector general's office that can prosecute cases independently, so that these cases aren't dependent on the prosecutors who are the violators' friends and coworkers.

theboatend.bsky.social•53 days ago

Qualified immunity is based on a lie, that police are part of the judicial system instead of executive. It's a condemnation of the US judiciary tbqh.

radlegaltakes.bsky.social•52 days ago

Qualified immunity is indeed based on a lie—two, in fact:

1. The 42nd Congress intended to incorporate common law immunity into the 1871 Civil Rights Act.

2. SCOTUS had the authority to disregard clear congressional intent and the plain text of Section 1983 as enacted.

4gravitons.bsky.social•53 days ago

Incidentally, do you know what law exempts government officials from *criminal* charges (since qualified immunity does civil?) I'm curious why we can't have blue state cops arresting ICE officials for felony kidnapping

apparatchikwannabe.bsky.social•53 days ago

possibly the Supremacy Clause/MacCulloch v Maryland? states can’t subject federal agents to state law wrt their work, which means you can’t arrest them unless you’re certain what they’re doing is illegal—and it doesn’t shock me no state has yet been brave enough to test this

bretdevereaux.bsky.social•53 days ago

These guys think they will never be held responsible, but to be blunt, I think it is only fair to let a jury decide that question.

Show 12 Americans in a jury box the face of a deported American citizen toddler and see what they think is justice.

ranamar.bsky.social•53 days ago

"A jury can decide" is significantly more accountability than they face today. I'm for it!

jctenton.bsky.social•53 days ago

we need a decade of truth and reconciliation and trials of these fascists, and that's the nice version

welverin.bsky.social•52 days ago

Under no circumstances can we have Reconstruction 2.

oldtimeham.bsky.social•49 days ago

https://www.poorpeoplescampaign.org/join-us-as-we-build-the-third-reconstruction/

khartsun.bsky.social•45 days ago

Weirdly, Neil Gorsuch of all people seems to agree with you on these, which makes me somewhat hopeful about this.

neomakhnovist.bsky.social•53 days ago

We need to set our sights much higher, like getting rid of the independent executive, expanding congress and making it PR, expanding the court, etc.

sarachim.bsky.social•53 days ago

Given how rarely cops get prosecuted for the crimes they already commit, I’m skeptical that making more bad behavior criminal will help as much as one might hope. A more effective remedy would be to dissolve ICE entirely and return immigration matters to civilians

sarachim.bsky.social•53 days ago

Deprivation of Rights Under Color of Law is already a federal crime that fits the fact pattern in this case, but a prosecution for it is not going to happen until 2028 at earliest and most likely will never happen at all

bretdevereaux.bsky.social•53 days ago

That's why killing qualified immunity, the legal shield that prevents those prosecutions in many cases (or civil cases for damages) is the first key step.

sarachim.bsky.social•53 days ago

Qualified immunity only applies to civil cases, not criminal. Repealing it is a good idea, but reformers have blown its practical importance somewhat out of proportion.

bratknits.bsky.social•53 days ago

Two words. Pension revocation. If they know they risk their pensions, they'll think twice. It's far too easy for corrupt law enforcement to hang on to that money.

tancred1098.bsky.social•53 days ago

"I was just following orders" and a badge should never be a get out of responsibility and jail card.

vituperativeerb.bsky.social•53 days ago

I think that’s right but also there’s what I think of as the “come the fuck on” exception to QI that I think might apply here

bolivarfiles.com•53 days ago

The people who helped load the train cars to Auschwitz found their end hanging from a rope, these thugs should fear the same fate.

stuckyparty.bsky.social•53 days ago

When I was one of the many faces of govt it was made clear to me that I only had qualified immunity if I was operating fully within the text of the applicable law. I memorized the law and never deviated, even when I was instructed to by my bosses. That's why I got pushed out.

stuckyparty.bsky.social•53 days ago

Even if you're NOT motivated by caring about people as humans, the bare minimum most self-protective thing you can do is to never follow an extrajudicial order to violate someone's rights.

By which I mean, you are right and everyone should go to jail.

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