This 👇🏻is sort of technically true but misleading. Most people & articles discussing this are talking about discharges for enlisted personnel. The rules for officers- which Hunter Biden was - are a little different. /1
There isn’t really a “dishonorable discharge” category for officers. Drug use by an officer is mandatory grounds for involuntary separation from USN however. Whether that is General (Under Honorable Condutions) or Under Other Than Honirable Conditions, depends on the facts. /2
To say the separation was “administrative” is technically correct, but w/o knowing the Navy procedures, that word tends to made to sound like it’s less serious than it really is. A separation for drug use is considered a separation for “misconduct.” /3
An officer who is being separated on that basis who voluntarily sought out treatment, however, could still be assigned a discharge characterization of General (Under Honorable Conditions), as the USN strives to encourage treatment. /4
An officer can also be separated from the USN on a “punitive” basis (rather than administratively) thru the court martial process. The separation there is part of the penalty for conviction on criminal conduct & is called a “dismissal.”/5
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DHS needs to circulate a memo to all state governments to make all their state officials & judges aware that ICE officers DO NOT need a “judicial” warrant to arrest immigrants in a public place. An immigration warrant issued by ICE is all that is required under federal law.
If state officials interfere with arrests based on those warrants, they are unlawfully interfering with federally agents under 18 USC 111. If they do so with “physical contact” with the agent, it’s a felony.
(These non-judicial warrants don’t permit entry into a home.)
So, for example, in the Brad Lander situation, he’s wrong that the agents have to show a judicial warrant to make the arrest; & holding on to the arrestee to prevent the agents from making it is a federal offense, at least a misdemeanor.
I don’t know who needs to be reminded of this (cough, cough), but you are not bound to obey an unlawful order. And it’s not contemptuous to refuse to obey an unlawful order either.
You run the risk that you’re wrong, of course, & that a higher court will therefore say you ARE in violation of a lawful order & impose consequences.
But, it’s still true that you don’t have to obey an order that is unlawful while the courts take their time figuring it out.
To clarify, I’m talking about orders that are unlawful because the court doesn’t have the authority to issue them, not unlawful because the court ruled the wrong way.
This was the only just outcome. These people were ALL over-charged, over-prosecuted, had unconstitutional conditions imposed on them when released pre-trial, had the most draconian & unlawful pleas imposed on them, & were over-sentenced.
Not even the cases where there was bad behavior by defendants were handled appropriately so as to justify the punishments handed out.
Just as electing Trump was the only way to counteract the lawfare by Democrats, pardoning & releasing all these defendants was the only way to set right the completely disproportionate & inappropriate response of the “justice system” to Jan 6.
DJT has appeared at the sentencing with Todd Blanche, seated in front of an American flag.
Per CNN
Bragg’s office has asked for the unconditional discharge sentence.
Now the prosecutor is doing what they always do - whining about how a defendant who went to trial because he thinks he’s not guilty hasn’t shown remorse after being convicted by a jury. 🙄
So you know. I would never counsel a client to not show up for a court hearing, especially a sentencing.
However, as I said last night on Spaces, if it were me - if I were the client- in this situation, I would absolutely not attend the sentencing hearing tomorrow.
I would instead have my lawyer put out a statement explaining that I view the hearing as ultra vires so I’m not attending.
The lawyers themselves are another matter. They must attend a duly scheduled court session or risk being found in contempt & being referred to Bar Counsel for discipline.
I’m happy the Right of Center now sees how awful the criminal justice system is.
But don’t expect me to be particularly outraged at how these prosecutors & judges have acted because IT’S NOT NEW & IT’S NOT NEWS TO ME.
It’s been this way the whole time & you didn’t care before.
So welcome to the fight, but don’t act like you are dropping breaking news on me, because you are actually late to the party, and I have been at this party since 1996.
Some of the weaponization & smug assholery you’re now objecting to is not a NEW development aimed at J6ers or Trump supporters - it’s how the people who run the system- prosecutors, judges, BOP, & Probation officers -just are. They’ve just turned it on people you like this time.