521
Abbott: Texas Would Shoot Migrants, But Biden “Would Charge Us With Murder”
(www.motherjones.com)
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 13 Jan 2024
521 points (98.3% liked)
politics
19240 readers
1177 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 2 years ago
MODERATORS
Biden isn't a law enforcement official. He's not a DA. He's not a police officer. He doesn't have the ability to have you arrested. I suspect Abbott knows this, but his constituents are too fucking stupid to understand the difference.
Biden is human though, which apparently disqualifies him from the Republican Party
The president can absolutely arrest people
in a "citizens arrest", sure. But he physically himself cannot perform police functions. If he orders an arrest and the arrest is illegal then that person would be acquitted.
What law says that?
Can you provide something that says he can? Let’s see it.
The US constitution? The President can do really anything they want within the law. There’s no really reason The President can’t arrest people.
Anyone can do whatever they want within the law…..
No they can't. And arresting people is simply not in their purview.
You're asking for evidence of something that doesn't exist. If I'm wrong, point to the laws and rules that say I can't tell you that.
For folk in the States it's a mix of the 4th, 5th and 14th Amendments of the Constitution with mostly individual state laws determining the validity of what constitutes an officer of the law and how a citizen arrest works as part of that individual State's Criminal code.
If you're Canadian it's federal law 494 of the Criminal Code.
To be honest it's really bloody difficult trying to accurately cite US law in discussion because States have a frankly ridiculous amount of binding power on their citizens which means there are 50+ laws about how exactly citizen versus peace officer arrest is handled... But most of them outline fairly specific limitations like it whether a citizen's arrest can be applicable for misdemeanors, restrictions on what constitutes a reasonable use of force, rights of an arrested person, what constitutes a humane restriction of person and the requirement of validating the arrest with a judge within a certain time period... You know Haebeous Corpus and all that.
Biden's Presidential powers probably give him a lot of extra leeway against laws that would persecute him for doing an improper citizen's arrest but that wouldn't make an improper arrest stick any more than if you did it. A President is still legally a citizen and not a law enforcement officer.
I'm sorry, do you think we need a law that says the President can't personally arrest people?
Yikes... Read a book.
Off-topic, but how do you get the 3 Arrows symbol in front of your username?
You can make it anything if you got to your profile settings. Upper right hand corner if your lemmy instance's home page usually.
On the other hand, if Abbot did indeed order his people to start murdering migrants, you know that the decision to move forward with prosecution would need at least a half nod from Biden. At least on the federal level.
No it wouldn't. The president isn't part of the judiciary.
But they certainly tried , example being President Buchanan and his attempt to interfere in the Dred Scott Case.
The Judiciary doesn't decide prosecution, the Attorney General does.
In this case, that would be Merrick Garland, who was appointed by Biden, and serves on Biden's Cabinet.
Do remember that the President of the United States is the head of the Executive Branch, of which the Department of Justice is a part. This is basic High School civics stuff.
The AG acts independently of the president. This issue will never land on the president’s desk. The only recourse he has is to fire the AG if he does (not) prosecute. If he does that he should be impeached.
That "independence" is mostly a fiction.
It's not actually enforced by any law.
Yeah because it’s federal policy not to just shoot somebody that crossed the border. Put the fucking politics aside for a second, this guy said the only reason we don’t kill them is because it’s against federal law. Yeah no shit.
It's not the reason sane people don't start murdering, but it is the reason Abbott hasn't.
Says more about Abbott than it does the rest of us.
But no, the point was that arresting a sitting governor would be a massive political move, and the AG would likely run that by his boss (the president) before doing it. But I get the feeling he would still do it regardless, and that Biden would okay it regardless.