Dan McFadden
@danmcfadden.bsky.social
480 followers 420 following 15 posts
Managing Attorney at ACLU of Massachusetts. Former SWO at US Navy. Posts are my personal opinions and are not attributable to my employer. Posts are not legal advice.
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danmcfadden.bsky.social
cc: The Ninth Circuit Panel
atrupar.com
Trump: "Portland, I mean -- every time I look at that place it's burning down. There are fires all over the place. When a store -- there are very few of them left -- but when a store owner rebuilds a store they build it out of plywood. They don't put up storefronts anymore. They just put wood up."
Reposted by Dan McFadden
ryanmarino.bsky.social
Do you really have any rights if they are openly saying they will just make up reasons to detain you?
thematthill.bsky.social
Wow. Greg Bovino admits on camera that his agents can detain people if you look scared, change your demeanor, or grip a steering wheel too tight.

As his unmasked agents walk around with large guns to scare you, they may arrest you just for that — even if you're a U.S. citizen.
danmcfadden.bsky.social
Don't commit crimes for Pete Hegseth.
danmcfadden.bsky.social
The Court ruled that Hegseth's order was illegal and violated the PCA.
danmcfadden.bsky.social
DoD is aware that Hegseth is about to order them to commit crimes. In the California litigation, it was revealed that DoD had a literal powerpoint slide telling the military they can't do these things. Hegseth ordered them to do it anyway (and tried to avoid leaving written evidence of his order).
danmcfadden.bsky.social
The PCA is a valid exercise of Congress's constitutional authority to regulate the military.
danmcfadden.bsky.social
As Trump orders the military to join ICE civil arrest teams, remember:

The President does not have unilateral power over the military.

Art. I, sec. 8 of the Constitution specifically gives *Congress* the power to make the rules for this.

Congress made a law saying Trump's order is a crime.
danmcfadden.bsky.social
The Posse Comitatus Act makes if a crime for federal military to participate in domestic law enforcement activities, absent certain exceptions that don't apply currently.
danmcfadden.bsky.social
“All people in the United States are entitled to due process — without exception. When the government arrests any person inside the United States, it must be required to prove to a judge that there is an actual reason for the person’s detention.”
ACLU files class-action lawsuit on behalf of detained immigrants denied bond hearings - The Boston Globe
If this unlawful practice does not come to an end, “thousands in Massachusetts will be denied due process,” the lawsuit said.
www.bostonglobe.com
danmcfadden.bsky.social
UPDATE: Our client received a bond hearing as a result of the federal court's order. He was granted bond. He is now released and back home.

He spent more than two months in jail without any due process under the Laken Riley Act. The federal court put a stop to that injustice.
danmcfadden.bsky.social
As Trump orders the military to join ICE civil arrest teams, remember:

The President does not have unilateral power over the military.

Art. I, sec. 8 of the Constitution specifically gives *Congress* the power to make the rules for this.

Congress made a law saying Trump's order is a crime.
danmcfadden.bsky.social
"A force that exists for protection also has the potential to be a dangerous tool for internal repression. Once the door is open to military forces targeting some of the population, that door is very hard to close. When the rule of law becomes the rule of force, no one will be safe."
Trump’s domestic deployment of US armed forces is an alarming abuse of power and affront to democracy   - CommonWealth Beacon
For months now, Trump and his minions have been waging a campaign to twist the military into a heavily armed loyalist force.
commonwealthbeacon.org
danmcfadden.bsky.social
Periodic reminder that the Constitution protects the right to publicly assemble and be heard. "Protest" is not a dirty word.
danmcfadden.bsky.social
Things ICE doesn't tell you:

ICE can usually put somebody in immigration proceedings WITHOUT arresting them.

And if ICE does arrest somebody, ICE usually has discretion to RELEASE the person after booking on conditions and with a court date.

Mass arrests/mass detention is 100% a choice by ICE.
danmcfadden.bsky.social
Habeas corpus is literally the thing that prevents the government from putting anybody they want in jail forever.

This is not an exaggeration. That's literally what it is.

Any threat to suspend habeas is an attack on the rights and physical security of every person in the United States.