Latest news with #ConstitutionoftheUnitedStates
Yahoo
4 days ago
- Politics
- Yahoo
Legislative immunity is an old concept gaining new notoriety
The National Conference of State Legislatures said most state constitutions contain similar immunity from arrest provisions. (Photo from Indiana State Archives) Many Hoosiers recently learned that Indiana has an immunity statute that protects lawmakers from some arrests during the legislative session. The reaction has been surprise and frustration. One social media user posted, 'How have we gotten to the point in this state where our elected leaders are above the law? This is pure insanity & would NEVER be acceptable for the average citizen.' Another reader responded, 'Are they immune from common sense too?' So, I thought I would delve into the provision and explain why it exists and how often it's used. State Sen. Mike Bohacek was pulled over for suspected drunk driving in January and recorded a blood-alcohol content of 0.238%. But the Michiana Shores Republican wasn't charged until this week due to the legislative immunity provision. The first important fact is that no modern-day lawmaker created this exemption, and it basically mirrors a similar provision for federal lawmakers. The National Conference of State Legislatures said most state constitutions contain similar provisions. The state's prohibition is found in Article 4, Section 8 of the Indiana Constitution. 'Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process, during the session of the General Assembly, nor during the fifteen days next before the commencement thereof.' Indiana's current Constitution was adopted in 1851 with numerous amendments since then. But this portion goes back as far as the state's 1816 constitution before Indiana became a state. Then it was under Article 3. SUPPORT: YOU MAKE OUR WORK POSSIBLE For a long time, there was no definition of breach of the peace in Indiana code but lawmakers in 2021 added one: 'breaking or disturbing the public peace, order, or decorum by any riotous, forcible, or unlawful proceedings, including fighting or tumultuous conduct.' The federal immunity provision is almost exact. Some historical texts indicate the language was created so that lawmakers weren't blocked from being able to vote on a matter or otherwise participate in proceedings. In his Commentaries on the Constitution of the United States, U.S. Supreme Court Justice Joseph Story said this: 'When a representative is withdrawn from his seat by a summons, the people whom he represents, lose their voice in debate and vote, as they do in his voluntary absence. When a senator is withdrawn by summons, his state loses half its voice in debate and vote, as it does in his voluntary absence. The enormous disparity of the evil admits of no comparison. The privilege, indeed, is deemed not merely the privilege of the member, or his constituents, but the privilege of the house also.' The Supreme Court of the United States has interpreted the provision to apply to all crimes, but Indiana has generally seen it used in cases of misdemeanors. Bohacek's case is almost identical to one from 1992 when then-Rep. Keith Bulen was pulled over for drunk driving in January. Police also didn't arrest him due to the immunity clause and he was charged weeks later after session ended. Similar to Bohacek, Bulen refused the breathalyzer test and said a prescribed medicine made him groggy. But Bulen's incident resulted in him hitting an off-duty police officer's car. Bulen's case, though, was not hidden from public view at the time. He was eventually acquitted. In 2002, two northwest Indiana lawmakers — Reps. Charlie Brown and Vernon Smith — used the provision to contest their criminal case. The Gary Post Tribune reported the pair was arrested June 18 on traffic and related offenses. They protested the action and claimed they were shown a lack of respect as elected officials and residents. The legislature was in special session in Indianapolis, although the men were in Gary. They were arrested immediately but the chief of police quickly apologized. The men were charged with obstructing traffic later that year by a special prosecutor. Smith was acquitted but Brown was found guilty. If Hoosiers want to change the constitutional provision they will have to convince lawmakers to start that years-long process because Indiana doesn't allow citizen-initiated constitutional amendments or referendums. It remains to be seen what will happen to Bohacek, including any punishment by leaders of the Senate. Voters have the ultimate say on consequences at the ballot box, but they will have to wait a long time. Bohacek isn't up for election again until 2028. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
13-05-2025
- Politics
- Yahoo
Blue state ICE facility ramps up security with new barricades amid clashes with protesters
NEWARK, N.J. - Large yellow barricades were at the front of Delaney Hall on Tuesday morning following protests at the Immigration and Customs Enforcement (ICE) facility on Monday and last week. An ICE officer told Fox News Digital that the barricades were placed following Monday's protests, as they went all the way up to the gate itself. In addition to the barricades, signs are up saying "private property, no trespassing, violators will be prosecuted." The facility is operated by the GEO Group, a private contractor, but law enforcement is also heavily present outside the building. Who Is The Democratic Gubernatorial Candidate Arrested For Trespassing At An Ice Detention Center? Two people were arrested at the protest on Monday, as a demonstration of clergy members were in attendance and said they would have "volunteered" to be taken into custody. They linked arms outside the main gate of Delaney Hall as they chanted and sang songs. This protest came after Newark Mayor Ras Baraka, a Democratic candidate for governor, was arrested for trespassing last week. Read On The Fox News App Baraka's arrest occurred during a protest at the facility attended by three members of Congress, who said they were in attendance to perform their congressionally-mandated oversight duties related to federal detention facilities. The three lawmakers were outside the facility with a group of protesters when the gates opened to allow an ICE bus in. The lawmakers then rushed through the gates and past security, according to officials from the Department of Homeland Security (DHS). The lawmakers, including Rep. LaMonica McIver, said "ICE created chaos" that led to the incident, according to an X post. "We're not asking for anything that's incorrect. We ask them to obey our laws," Baraka said after the incident. "To obey the policies and rules here in the city and the state of New Jersey, not to run roughshod over the Constitution of the United States, the Bill of Rights, the Fourth, the Fifth, the Fourteenth Amendment and everybody on this soil who deserves due process." Newark Mayor Speaks After Being Released From Hsi Facility The arrest came as activists had been calling for access to the facility for days, which is a privately run facility that was revamped as an immigration detention facility this year. ICE also used the building in the heavily industrial area of the city from 2011 to 2017 for migrant detentions, according to the Washington Post. DHS said that many of the detainees currently at the facility are facing criminal charges or are already convicted of crimes. "Who do they want released from Delaney Hall? The child rapists, murderers, drug traffickers, MS-13 gang members or known terrorists?" Homeland Security Assistant Secretary Tricia McLaughlin asked after Monday's demonstration. "This was a cheap political stunt by the Democrats and by these protesters," she said. "We're not having it. They put law enforcement officers at risk. They put our staff in the facility at risk and put the detainees at risk. You saw that they didn't even let an ambulance through. This is not something that this administration is going to put up with. And that's part of the reason that this mayor was arrested. You can't just storm a detention facility and assault law enforcement officers with impunity." Alina Habba Swears To Protect 'American Safety' From Those 'Violating Federal Law' Meanwhile, United States Attorney for New Jersey Alina Habba said she is further looking into what happened on Friday involving the officials. "My office is undertaking a thorough investigation in coordination with our Federal Agency partners of what transpired on Friday at Delaney Hall. As is true of every investigation this office handles, all available evidence will be thoroughly reviewed prior to making a determination on how to proceed. I do not take these matters lightly," Habba posted. Fox News' Alec Schemmel, Anders Hagstrom, Alexis McAdams and Greg Wehner contributed to this article source: Blue state ICE facility ramps up security with new barricades amid clashes with protesters
Yahoo
13-05-2025
- Politics
- Yahoo
Far-left mayor arrested at ICE facility denies impeding law enforcement, says protest 'absolutely' effective
Newark, New Jersey, Mayor Ras Baraka, who was arrested for trespassing while protesting at a federal immigration facility last week, said Monday during a televised gubernatorial debate that his actions were "absolutely" an effective way to protest the president's immigration clampdown. Baraka has denied he did anything wrong despite federal authorities arresting him for trespassing at the Delaney Hall detention facility in Newark on Friday. During Monday's debate among Democrat candidates in New Jersey's open governor's race, he doubled down on the assertion he did nothing wrong. "We haven't interfered with federal law enforcement," Baraka said early on in the debate when moderators turned their questioning to Friday's incident at the ICE detention facility in Newark. "We didn't go down there to protest. We actually went down there to have a press conference. And the Congress has oversight. And they began to exercise their oversight. It was escalated by Homeland Security. They made an arrest because they got a call to do so. And that's what happened." Who Is The Democratic Gubernatorial Candidate Arrested For Trespassing At An Ice Detention Center? Baraka's arrest occurred during a protest at Delaney Hall attended by three members of Congress, who said they were in attendance to perform their congressionally-mandated oversight duties related to federal detention facilities. The three lawmakers were outside the facility with a group of protesters when the gates opened to allow an ICE bus in. The lawmakers then rushed through the gates and past security, according to officials from the Department of Homeland Security. Read On The Fox News App The arrest came as activists had been calling for access to the facility for days, which is a privately run facility that was revamped as an immigration detention facility this year. "We're not asking for anything that's incorrect. We ask them to obey our laws," Baraka said after the incident. "To obey the policies and rules here in the city and the state of New Jersey, not to run roughshod over the Constitution of the United States, the Bill of Rights, the Fourth, the Fifth, the Fourteenth Amendment and everybody on this soil who deserves due process." Newark Mayor Speaks After Being Released From Hsi Facility During Monday night's debate, the other gubernatorial candidates were asked if they thought Baraka's tactics were "effective" the same way he does and whether they would have done things differently. While, for the most part, all the candidates tip-toed around the question, instead choosing to tout their bona fides in supporting immigration and challenging President Donald Trump, some did express support for Baraka. "I'm not saying I would do anything differently," said Rep. Mikie Sherrill, the four-term Democrat representing the state's 11th Congressional District. "I don't think the mayor was trespassing. In talking to my congressional colleagues, he was invited in. They asked him to leave, he left, and then he got arrested." "Ras didn't do anything wrong," Steve Fluop, the mayor of Jersey City and another candidate for New Jersey governor, said in direct response to the moderators' question about whether they agreed with Baraka's tactics. The rest of the candidates did not directly answer the question before the moderators moved on to the next article source: Far-left mayor arrested at ICE facility denies impeding law enforcement, says protest 'absolutely' effective
Epoch Times
09-05-2025
- Politics
- Epoch Times
Mayor of Newark, NJ, Taken Into Custody by Homeland Security, DOJ Says
Newark Mayor Ras Baraka was taken away in handcuffs Friday for trespassing at a federal detention facility for illegal immigrants in the city, said U.S. Attorney for New Jersey Alina Habba. In a statement posted to X on Friday, Habba 'He has willingly chosen to disregard the law. That will not stand in this state. He has been taken into custody. NO ONE IS ABOVE THE LAW,' Habba, a former personal attorney to President Donald Trump, wrote on the platform. Habba did not say whether he was arrested or what charges he might face. Department of Homeland Security (DHS) spokesperson Tricia McLaughlin told news outlets that Baraka, a Democrat, had engaged in 'political antics' that are 'endangering ICE personnel, the security of the facility, and ultimately the detainees housed there.' She also described Barack as a 'sanctuary mayor,' referring to sanctuary city policies around illegal immigration. The Epoch Times has contacted DHS, McLaughlin, and Baraka's office for comment. Related Stories 5/9/2025 5/9/2025 'The Mayor has been informed that he is more than welcome to enter the facility, as long as he follows security protocols like everyone else,' McLaughlin told the outlets. 'He keeps refusing to do so, presumably in an effort to stage press opportunities to help him in his bid for governor.' The Trump administration expanded its capacity to detain illegal immigrants by opening a facility in Newark, which spurred a number of protests that included Baraka, a Democratic mayoral candidate, in recent weeks. Delaney Hall, a 1,000-bed facility along an industrial stretch of Newark Bay, opened on May 1, according to the private prison company that operates the center. The administration's announcement came amid a crackdown on illegal immigration around the country and as it ramped up its deportation efforts. Baraka has said the facility lacks the proper city permits in order to open, including a certificate of occupancy. Aside from Friday, he appeared on Tuesday and Wednesday outside the facility's gates, aiming to gain entry but ultimately being denied. 'It's not a Democratic or Republican issue in my mind. This is an issue of human rights, an issue of due process, an issue of the Fourth Amendment of the Constitution of the United States,' Baraka told reporters this week. 'We are afraid and opposed and alarmed by them setting up a detention center.' Last month, the city of Newark 'We will return to court,' Baraka said The Associated Press contributed to this report.
The Hill
05-05-2025
- Politics
- The Hill
Hochul: Trump uncertainty on upholding Constitution ‘shocking'
New York Governor Kathy Hochul (D) said on Monday it was 'shocking' to hear President Trump say in a Sunday interview that he doesn't know whether he needs to follow the Constitution. 'It was shocking, and it tells you all you need to know about this presidency and this man: that he doesn't give a damn about the U.S. Constitution, and that is frightening in itself,' Hochul said in an interview on 'CNN News Central.' In an interview with NBC News's 'Meet the Press' on Sunday, Trump sidestepped questions about the Supreme Court, due process and whether non-citizens in the country are granted the right to a trial. When moderator Kristen Welker mentioned the Fifth Amendment, Trump cut in, saying, 'I don't know. It seems, it seems it might say that, but if you're talking about that, then we'd have to have a million or 2 million or 3 million trials,' adding that there are 'thousands' of murderers in the country and that 'I was elected to get them the hell out of here, and the courts are holding me from doing it.' 'But even given those numbers that you're talking about, don't you need to uphold the Constitution of the United States as president?' Welker asked. 'I don't know,' Trump responded. 'I have to respond by saying, again, I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said.' Hochul, in the Monday interview, blasted the president for his remarks, saying Trump 'basically said that he doesn't have to follow or even understand what the Constitution of the United States requires of every person who takes that oath of office.' 'I took the same oath of office 31 years ago to run for town board,' she continued. 'I knew I was supposed to uphold the Constitution. I got to think a president who took the oath of office not once, but twice, understands that there are limitations, and that is the body of the Constitution.' 'He must follow it. Otherwise, the democracy that we fought for and upheld for 250 years, it's just going to go down the drain, and we're not going to let that happen.'
