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Thread: In today's America, Kafka would be a citizen journalist

  1. #211
    There must be accountability. Govt. officials must be dragged before judges over this repugnant policy.

    “Humanity's greatest advances are not in its discoveries, but in how those discoveries are applied to reduce inequity.”
    — Bill Gates

  2. #212
    Quote Originally Posted by Aimless View Post
    There must be accountability. Govt. officials must be dragged before judges over this repugnant policy.


    Dragged before judges in what capacity? What working of the legal system are you looking for here?
    Last night as I lay in bed, looking up at the stars, I thought, “Where the hell is my ceiling?"

  3. #213
    Senior Member Flixy's Avatar
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    Child abuse for starters?
    Keep on keepin' the beat alive!

  4. #214
    Is malfeasance in office not an offence in the USA?
    Quote Originally Posted by Ominous Gamer View Post
    Being upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  5. #215
    Quote Originally Posted by LittleFuzzy View Post
    Dragged before judges in what capacity? What working of the legal system are you looking for here?
    I hope that it may be possible to punish officials for participating in abuse or in violation of other rights/protections, and for gross negligence that appears to have seen children separated from their families with no reasonable hope of reunification. If you separate children from their parents and lose them in the system, there must be some law under which you can be punished.
    “Humanity's greatest advances are not in its discoveries, but in how those discoveries are applied to reduce inequity.”
    — Bill Gates

  6. #216
    What kind of madness is this?
    Quote Originally Posted by Ominous Gamer View Post
    Being upset is understandable, but be upset at yourself for poor planning, not at the world by acting like a spoiled bitch during an interview.

  7. #217
    Quote Originally Posted by Flixy View Post
    Child abuse for starters?
    Most officials involved are going to be immune because their acts were ministerial. They had no discretion. Those who did have discretion will be protected by qualified immunity. Separating children from their families during crimino-legal immigration proceedings is not clearly a violation of constitutional rights or federal law.

    Quote Originally Posted by RandBlade View Post
    Is malfeasance in office not an offence in the USA?
    Yes. But it wasn't malfeasance. Misfeasance is closer but you run into the same immunity issues above. The Congress-set rules effectively make misfeasance an untargetable offense wrt federal employees

    Quote Originally Posted by Aimless View Post
    I hope that it may be possible to punish officials for participating in abuse or in violation of other rights/protections, and for gross negligence that appears to have seen children separated from their families with no reasonable hope of reunification. If you separate children from their parents and lose them in the system, there must be some law under which you can be punished.
    You can target and try to punish the federal government in general. But per the Federal Employees Liability Reform and Tort Compensation Act of 1988, federal employees are protected by absolute immunity for actions within their perimeter of duties. The exception is for claims of violation of constitutional or federal statutes with actions that were discretionary but even there qualified immunity may be invoked and unless the action alleged a clear violation of such a statute then the claim of qualified immunity will be upheld.

    Basically, Congress flat out did not and does not want officials to be legally targeted as individuals for creating, enacting, or implementing policies. You can probably manage to get some of the people managing facilities for negligence and inadequate quality of care, particularly those where children died. And state employees aren't as protected as federal ones so you might be able to get some of them for cooperating with the Feds. But there is no constitutional or legal obligation to keep families together, merely an ethical one, and the major problems reuniting families stem from scale issues which are nonjusticiable wrt individual officials.
    Last edited by LittleFuzzy; 11-28-2019 at 07:39 PM.
    Last night as I lay in bed, looking up at the stars, I thought, “Where the hell is my ceiling?"

  8. #218
    Some Latin American organization can try using targeted sanctions against all individuals involved. If they wait until after Trump leaves office, the US government might not retaliate. It won't happen, but who knows.
    Hope is the denial of reality

  9. #219
    An institution dedicated to dehumanization:

    “Humanity's greatest advances are not in its discoveries, but in how those discoveries are applied to reduce inequity.”
    — Bill Gates

  10. #220
    Quote Originally Posted by RandBlade View Post

    ICE create a fake university but endorse it as a legitimate university on the federal government's website. Students get enrolled and are given legal visas for a university listed and endorsed as legal. Millions of tuition fees are taken. ICE reveals it is all entrapment, close the university arrest and deport (but don't refund) the students.
    Thanks Obama.

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