A tale of two judges. – Chief Justice John Roberts – the clearly-compromised former conservative jurist who now does the bidding of the progressive left whenever they demand it, apparently – famously stated in 2017 that there are no “Obama judges” or “Bush judges,” there are only federal judges. That, of course, is abject bullshit, but hey, it’s what the Chief does these days.
Late this week, we saw the dichotomy between the kinds of decisions we get out of Bush/Reagan/Trump judges and Obama/Clinton judges in two decisions related the ongoing rioting taking place in Portland. It is a classic tale of an Obama judge applying his own personal baises as a means of fomenting more chaos in our society and a Bush judge doing his best to properly interpret the law and put out the fires.
The latter decision came from the Bush appointed, District Court Judge Michael Mosman, who rejected the specious filing of Soros-funded Oregon Attorney General Emily Rosenblum. The despicable Ms. Rosenblum was asking for a temporary restraining order that would deny the right of federal law enforcement officials to continue to protect Portland’s federal courthouse and other federal property from the rioters, who have attempted to burn the courthouse down many times in recent weeks.
Judge Michael Mosman
From a report at Red State:
The complaint — filed by her on behalf of all Oregon citizens based on her in parens patriae status in relationship to those citizens — alleged violations of the citizens First, Fourth and Fifth Amendment rights under the Constitution. The factual allegations were that unknown federal agents, without names or insignias our their uniforms, and driving unmarked vehicles, were detaining and arresting Oregon citizens off the streets of Portland away from the federal courthouse, without probable cause.
In denying the TRO, Judge Mosman questioned whether the Attorney General had standing to bring the action she had brought. The parens patriae status she claimed — meaning the government as legal protector of citizens — is rarely invoked, and likely inapplicable where, as here, citizens wrongly arrested or detained by federal agents could sue on their own behalf for violation of their civil rights. Judge Mosman noted that the Attorney General could bring suit to vindicate a legal interest that is specific to the state itself, but the complaint filed by the Attorney General states no such claim.
The Court noted that no protester was a Plaintiff. The Court noted that the lawsuit sought no remedy or damages on behalf of anyone claiming to have been harmed by the actions of the federal agents. Instead the lawsuit the extraordinary remedy of prohibiting future law enforcement action by agents of the federal government.
The Opinion calls out the Oregon Attorney General for writing a complaint in a fashion that suggests numerous protesters have being seized off the streets of Portland, but in support of which at the time of the hearing the Attorney General was able to produce evidence of only two events. There was evidence of a young man named Pettibone having been arrested and taken to the federal building, but he was never charged. The evidence, however, was limited to a declaration by Pettibone as to what happened. There was no evidence to corroborate his claims.The Opinion next notes that the video of another arrest by federal agents offered by the Attorney General had no information as to context of the arrest — what had happened, if anything, prior to the person in the video being taken into custody. The Judge noted that it could be the case that the law enforcement agents in the video were acting on probable cause — there was no evidence to lead to one conclusion or another on that issue. Without any evidence of the context for the actions of the agents, the video was meaningless.[End]
That was the Bush Judge decision.
The decision from the Obama Judge – District Judge Michael Simon, who is the nephew of famous playwrite Neil Simon and looks just like him – came late on Thursday. In his decision, Judge Simon issued a TRO prohibiting federal law enforcement from using tear gas or any other non-lethal force that might impact members of the press or “legal observers,” many of whom are radical leftists who have embeded themselves in with the rioters.
Judge Michael Simon
Well, you can see where this is going, right?
From a report at Politico:
A judge has barred federal law enforcement officers dealing with long-running protests and unrest in Portland from using force against journalists and legal observers trying to document the run-ins between activists and the authorities.
Ina temporary restraining order issued on Thursday night, U.S. District Court Judge Michael Simon also declared reporters, photographers and legal observers exempt from any directives issued to the general public to disperse from areas where protests are taking place.
Simon said there were strong indications [Note the expression of his own opinion absent any real evidence that this is true] that journalists were being targeted by the authorities and were not simply incidentally caught up in legitimate efforts to quell violence or vandalism.
“Plaintiffs’ declarations describe situations including that they were identifiable as press, were not engaging in unlawful activity or protesting, were not standing near protesters, and yet were subject to violence by federal agents,” Simon wrote. “Contrary to the Federal Defendants’ arguments, this evidence does not support that the force used on Plaintiffs were ‘unintended consequences’ of crowd control.”
So, guess what happened Friday evening? Check it out:
Antifa fakes press credentials to get past police lines and troll the federal officers. They’re only endangering real members of the press in doing so. pic.twitter.com/Hx4Ltb3GVF
— Ian Miles Cheong (@stillgray) July 25, 2020
Boy, there’s a shocker, huh?
Thus does Judge Michael Simon – an Obama appointee – very predictably reveal himself to be an active participant in the radical left “resistance.”
But hey, there’s no difference between “Obama judges” and “Bush judges.” Just ask John Roberts.
That is all.
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