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WOOT!! 9TH CIRCUIT AFFIRMS INJUNCTION PROHIBITING ICE FROM IMPROPERLY USING PROJECTILE WEAPONS ON JOURNALISTS, LEGAL OBSERVERS, AND PROTESTERS
by Anne P. Mitchell, Esq. – zero hyperbole and 100% facts in plain English about what’s going on with this administration and the law
Last September the Federal District Court for the Central District of California issued an Opinion and Order (included for Notes from the Front members) in the case of LA Press Club v. Noem (remember her?). This was one of the lawsuits over trigger-happy agents shooting at journalists, legal observers, and protestors. (Legal observers are individuals working with various human rights organizations to monitor protests.)
The Court was clearly unhappy with these agents, explaining that “In the wake of this summer’s immigration raids across Southern California, the world watched as protests multiplied. As expected, members of the press did what they have always done: positioned themselves at the scene to report on, record, photograph, and observe these events of immense public importance. This action arises out of what happened next. With tensions escalating, officers from the Federal Protective Services (“FPS”), Immigration and Customs Enforcement (“ICE”), and U.S. Customs and Border Protection (“CBP” or “Border Patrol”) unleashed crowd control weapons indiscriminately and with surprising savagery. In downtown Los Angeles, journalists were repeatedly hit with pepper balls – plastic projectiles filled with a chemical irritant – while taking cover behind media trucks. In Maywood, federal agents teargassed a small group of protestors, including teens, senior, and local officials. In Paramount, two reporters were shot in the head with rubber bullets. In Camarillo and Carpinteria, federal agents deployed countless volleys of tear gas, rubber bullets, and smoke bombs on family members of detained farm workers, concerned public officials, journalists, and protestors.”
The judge, Judge Hernan D. Vera, issued an injunction prohibiting ICE, Customs and Border Protection (CBP) and Federal Protect Services (FPS) from “dispersing, threatening, or assaulting” journalists or legal observers, or “using crowd control weapons (including kinetic impact projectiles (“KIP”s), chemical irritants, batons, and flash-bang grenades) on members of the press, legal observers, and protesters”, or “firing kinetic impact projectiles or flash-bang grenades at identified targets, if doing so could foreseeably result in injury to the press, legal observers, or protesters”, unless those people were either committing a crime or posing an immediate and serious threat of physical harm to another person. The Court also prohibited them from “any crowd control weapon without giving at least two separate warnings in a manner and at a sound level where it can be heard by the targeted individuals, unless the threat is so serious and imminent that a warning is infeasible.”
Of course the administration appealed, to the 9th Circuit.
The 9th Circuit actually handed down its decision at the beginning of April, however they only issued the mandate causing it to take effect a couple of weeks ago, which is why it just recently came to my attention.
There’s a reason that I wanted to make a point of writing this up for you. As you will see in the 9th Circuit’s decision (also included for Notes from the Front members) they say this:
“We AFFIRM the district court’s issuance of the preliminary injunction, but VACATE the preliminary injunction and REMAND to the district court for further proceedings consistent with this opinion.”
That may seem confusing, and I’m gonna ‘splain it to you. But first I want to point out that this is a *perfect* example of a decision that can be spun into misleading headlines and social media posts. Can’t you just see it? “Appeals Court Vacates Injunction in Win for Trump!” “Another Win for Trump Administration as 9th Circuit *VACATES* Injunction”
And, well, as is more often than not the case with these things, there’s a bit of truth in those headlines, and a whole lot of flaming pants. Because the best lies include some truth to make them seem possible, and therefore believable.
And THIS is why it’s so important to NOT get your news from social media accounts, *especially* social media accounts that don’t tell you who is writing them. When it comes to social media, get your information *only* from *actual individuals*, who stand up and are accountable – where you *know* with whom the buck stops.
Ok, so, here’s the explanation:
As you will read in the 9th Circuit’s decision, they *agree* with the injunction *but* they say the injunction is too broad. The District Court needs to tighten it up, for the most part making it apply directly to the Plaintiffs only, and not a broader group of people (there is currently a motion to certify a class in this case, which is the proper way to address that).
So, the 9th Circuit both affirms the injunction, and vacates it, which *means in this case*: we agree with the general premise of your injunction but this version needs to go. Write a tighter version.
Notes from the Front members: the Opinion and Order of the District Court, and the Decision of the 9th Circuit, are in your inbox now!
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P.S. If you actually read all the way to the bottom please leave a comment that includes the word “vacate”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about vacating things! ;~)
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