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Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!



This post was your clear opportunity to tell me you were a lawyer, judge, federal employee, etc. You even could have just pretended, but I guess it's just a hobby for you.

You obviously have a lot of free time to develop legal fan-fiction, I hope you use some of it to pursue education that matches your passions. Did you know you can pass the bar without going to law school? There are organizations in Oakland that help people do it. :)



For everyone else, I've been assured by some rear end in a top hat that Pelosi is currently deciding whether to hand her seat off to Scott Weiner or her daughter Christine. Unfortunately an actually cool and good person is running again, and he's weirdly good at raising money. And DJing. I think he has a pretty good chance of being #2 in the jungle primary, and at that point, who the gently caress knows.

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Dead Reckoning
Sep 13, 2011
I don't need to be a mechanic to tell you that you're going to have a hard time driving your car on the freeway if three of its four tires are flat.

FMguru
Sep 10, 2003

peed on;
sexually
More like Braindead Reckoning

WAR CRIME GIGOLO
Oct 3, 2012

The Hague
tryna get me
for these glutes

i reckon

Wicked Them Beats
Apr 1, 2007

Moralists don't really *have* beliefs. Sometimes they stumble on one, like on a child's toy left on the carpet. The toy must be put away immediately. And the child reprimanded.

Doc Hawkins posted:

For everyone else, I've been assured by some rear end in a top hat that Pelosi is currently deciding whether to hand her seat off to Scott Weiner or her daughter Christine. Unfortunately an actually cool and good person is running again, and he's weirdly good at raising money. And DJing. I think he has a pretty good chance of being #2 in the jungle primary, and at that point, who the gently caress knows.

I think Buttar is a long shot even if he makes it to the general but then again if you'd told me two years ago Crowley was going to get taken down by a 27 year old bartender I wouldn't have believed you, so fingers crossed.

Foxfire_
Nov 8, 2010

The Supremacy Clause is a thing. This is not exotic or unsettled law.

If California passed a law criminalizing ICE enforcement and arrested an federal ICE agent, the conviction would be overturned almost immediately. California can't nullify federal immigration law any more than Arkansas could nullify federal civil rights law (they tried). California can't be compelled to help enforce immigration, but can't block the federal government spending their own resources on it.

silence_kit
Jul 14, 2011

by the sex ghost
IMO it is a good thing that the US government works that way. If state and local governments had the power to ignore and nullify laws from Washington D.C., we'd have a pretty dysfunctional system of government.

I guess this discussion is a moot point--when Trump loses in 2020, all of the posters in this thread will go back to complaining about the US federalist system of government and how it gives too much power to states again.

silence_kit fucked around with this message at 12:17 on Jul 22, 2019

Cup Runneth Over
Aug 8, 2009

She said life's
Too short to worry
Life's too long to wait
It's too short
Not to love everybody
Life's too long to hate


silence_kit posted:

when Trump loses in 2020, all of the posters in this thread will go back to complaining about the US federalist system of government and how it gives too much power to states again.

Toxx?

Moridin920
Nov 15, 2007

by FactsAreUseless

quote:

PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, v. COLE JOSEPH DOTSON, Defendants.

ICE Agent runs someone over while pursuing them, state attempts to prosecute for manslaughter, charges were dismissed based upon a motion of supremacy clause immunity.

So idk I did find (relatively quickly) a federal agent being prosecuted by the state but then just as quickly the charges were tossed based on supremacy clause so there's your answer imo.

Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


Y'all are ruining my attempt to needle Dead Reckoning. :mad:

Supremacy clause protects actions that are "necessary and proper," which phrase gives a great deal of space for prosecutors and judges to disagree, including in this case where *finds and reads articles* a man ran a stop sign at 100 miles an hour without running his lights or siren because he didn't know where his surveillance suspect had gone and t-boned a van, killing all three adult occupants of it, oh but at least the two children in it survived.

The judge was apparently concerned that this could create a "chilling effect" which might lead agents to....turn on their sirens? :thunk:

Cup Runneth Over
Aug 8, 2009

She said life's
Too short to worry
Life's too long to wait
It's too short
Not to love everybody
Life's too long to hate


Serves the same purpose as qualified immunity

CPColin
Sep 9, 2003

Big ol' smile.

Doc Hawkins posted:

Y'all are ruining my attempt to needle Dead Reckoning. :mad:

No good can come from such an endeavor.

Kobayashi
Aug 13, 2004

by Nyc_Tattoo
Republicans weaponize the law and pass wildly unconstitutional poo poo all the time. I think it would be rad if left DAs started doing the same thing. Don't want to get harassed by the legal system? Don't be an ICE agent.

Admiral Ray
May 17, 2014

Proud Musk and Dogecoin fanboy

Kobayashi posted:

Republicans weaponize the law and pass wildly unconstitutional poo poo all the time. I think it would be rad if left DAs started doing the same thing. Don't want to get harassed by the legal system? Don't be an ICE agent.

I don't think police officers would comply tbh.

CPColin
Sep 9, 2003

Big ol' smile.
Maybe if we can trick a few of them into resisting (making) arrests, they'll all shoot each other.

HelloSailorSign
Jan 27, 2011

CPColin posted:

Maybe if we can trick a few of them into resisting (making) arrests, they'll all shoot each other.

We have one side do undercover operations without telling the other side.

Cup Runneth Over
Aug 8, 2009

She said life's
Too short to worry
Life's too long to wait
It's too short
Not to love everybody
Life's too long to hate


Just pit the different branches against each other undercover, they already shoot each other in plainclothes frequently.

VideoGameVet
May 14, 2005

It is by caffeine alone I set my bike in motion. It is by the juice of Java that pedaling acquires speed, the teeth acquire stains, stains become a warning. It is by caffeine alone I set my bike in motion.

silence_kit posted:

IMO it is a good thing that the US government works that way. If state and local governments had the power to ignore and nullify laws from Washington D.C., we'd have a pretty dysfunctional system of government.

I guess this discussion is a moot point--when Trump loses in 2020, all of the posters in this thread will go back to complaining about the US federalist system of government and how it gives too much power to states again.

I admire your optimism.

Sadly I don't share it. I expect the DNC to pull defeat from the jaws of victory.

VikingofRock
Aug 24, 2008




Today the FBI raided the Los Angeles Department of Water and Power.

Vincent Van Goatse
Nov 8, 2006

Enjoy every sandwich.

Smellrose
drat, Noah Cross is hosed now.

Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


Cup Runneth Over posted:

Just pit the different branches against each other undercover, they already shoot each other in plainclothes frequently.

i loving love hong kong cinema

Dead Reckoning
Sep 13, 2011

Admiral Ray posted:

I don't think police officers would comply tbh.

Yeah, the people you expect to be the meat in this incredibly stupid sandwich are probably going to be very resistant to the idea.

FRINGE
May 23, 2003
title stolen for lf posting

Admiral Ray posted:

I don't think police officers would comply tbh.

Dont murder people.
NO!

Dont steal from people.
NO!

Dont form illegal gangs.
NO!

Checks out.

Dead Reckoning
Sep 13, 2011

Doc Hawkins posted:

Y'all are ruining my attempt to needle Dead Reckoning. :mad:
So, just to be clear here, after it was pointed out that the politician you posted excitedly about was making dumb and unkeepable promises, you decided to pretend that you were either too stupid to understand why, or too stubborn to accept it unless explained to you by someone with the letters J.D. after their name, in hopes of provoking me to... what?

FUCK SNEEP
Apr 21, 2007




Shut the gently caress up, Dead Reckoning.

Cup Runneth Over
Aug 8, 2009

She said life's
Too short to worry
Life's too long to wait
It's too short
Not to love everybody
Life's too long to hate


https://lbpost.com/news/renter-rights-groups-cry-foul-over-last-minute-proposed-changes-to-tenant-relocation-law

Infinite Karma
Oct 23, 2004
Good as dead





How the gently caress do laws meant to protect average people ALWAYS get gutted before they go into effect? Can't lawmakers grow a spine and follow through on what they start without some rich gently caress corrupting the system?

Complications
Jun 19, 2014

Infinite Karma posted:

How the gently caress do laws meant to protect average people ALWAYS get gutted before they go into effect? Can't lawmakers grow a spine and follow through on what they start without some rich gently caress corrupting the system?
If lawmakers stand up for the common citizen, how do they prove to people who employ former lawmakers for amazing amounts of money to lobby that they can lick boots well enough to do a good job at lobbying against the interests of the common citizen?

Admiral Ray
May 17, 2014

Proud Musk and Dogecoin fanboy

Infinite Karma posted:

How the gently caress do laws meant to protect average people ALWAYS get gutted before they go into effect? Can't lawmakers grow a spine and follow through on what they start without some rich gently caress corrupting the system?

It's not totally gutted, it looks like it's still pretty helpful:

quote:

One change would allow landlords to give tenants 180 days notice to vacate as an alternative to relocation assistance.

Another proposal would allow exemptions for landlords who own up two properties of four units or less, expanding from the original exemption of only one property.

A third proposal clarifies an exemption for condominium owners.

From another article from June 12th about the rental relocation law:

quote:

Starting Aug. 1, landlords will have to pay relocation fees if their tenants are displaced by large rent hikes or certain types of notices to vacate.

The payments will be triggered by rent increases that surpass 10% in a given year or if a tenant in good standing is issued a notice to vacate for remodeling or other issues not related to a family member of the landlord taking the tenant’s place in the unit.

And a third article from April 3rd:

quote:

Under the new ordinance, which will be drafted in the coming months, rental assistance would be required when a tenant has seen their rent increase by more than 10 percent during a 12-month period.

Assistance would also be triggered if a landlord requires a tenant to vacate a unit when there was no violation of state law, including failure to pay rent, violation of lease of the lease agreement or using the premises for unlawful purposes. It would also apply to tenants displaced by remodeling.

I can't quite understand that last bit about when assistance would be triggered. Is that stating that relocation assistance would be triggered when evicting due to a failure to pay rent or breaking the lease agreement? It's a really strong renter protection if so.

Something I've noticed is that condominiums seem to get exempted from many rental regulations. Does anyone know why?

Cup Runneth Over
Aug 8, 2009

She said life's
Too short to worry
Life's too long to wait
It's too short
Not to love everybody
Life's too long to hate


Because condos are owned?

Foxfire_
Nov 8, 2010

Admiral Ray posted:

I can't quite understand that last bit about when assistance would be triggered. Is that stating that relocation assistance would be triggered when evicting due to a failure to pay rent or breaking the lease agreement? It's a really strong renter protection if so.

Text of thing going into effect August 1 unless amended (which it sounds like they've put off doing)

The way I read it:
- If evicted for nonpayment of rent or breaking lease, no payment required
- If rent on offered renewal of lease goes up by 10%/year, tenant can say nope and get (payment - any delinquent rent).
- If lease has an early terminate for renovations clause and landlord uses it, tenant gets (payment - any delinquent rent).
- If tenant has been there a year, is current on rent, hasn't damaged stuff, and hasn't harassed people in the building + landlord doesn't offer a renewal, tenant gets payment.

If tenant got a payment but didn't actually leave on time, they owe the payment back + whatever other penalties are in the lease and don't get anything when they do leave.

Exceptions:
- If landlord or family member moving into unit
- Building is being condemned after natural disaster
- Unit has rent control
- Landlord lives in same building
- Landlord owns exactly building in Long Beach and that building has exactly 4 units (not two, not three, exactly four only :confused:)
- Unit built after Feb 1 1995


No idea why people want to except condos that wouldn't be covered by the self occupy or a less stupidly worded low unit number exception besides sucking up to condo owners

Happy Thread
Jul 10, 2005

by Fluffdaddy
Plaster Town Cop

Cup Runneth Over posted:

Because condos are owned?

You can rent someone's condo from them. Lots of folks in my complex are renters.

I rented a spot in ours too until I eventually ran out of money and my (now wife) stopped charging me.

Aeka 2.0
Nov 16, 2000

:ohdear: Have you seen my apex seals? I seem to have lost them.




Dinosaur Gum

Dumb Lowtax posted:

You can rent someone's condo from them. Lots of folks in my complex are renters.

I rented a spot in ours too until I eventually ran out of money and my (now wife) stopped charging me.

Yeah condos are rented out all the time. My grandparents own 6 units, rents them out, and my brother rents a condo. Its quite common. But obviously anecdotal... doh.

Aeka 2.0 fucked around with this message at 05:52 on Jul 24, 2019

Megaman's Jockstrap
Jul 16, 2000

What a horrible thread to have a post.

Dumb Lowtax posted:

You can rent someone's condo from them. Lots of folks in my complex are renters.

I rented a spot in ours too until I eventually ran out of money and my (now wife) stopped charging me.

LMAO you seduced your landlord for free rent? Nice work.

(I'm kidding!)

BeAuMaN
Feb 18, 2014

I'M A LEAD FARMER, MOTHERFUCKER!

Dead Reckoning posted:

That isn't even remotely the same. I looked at his campaign website, and what he wants to prosecute ICE agents for is conduct that pretty indisputably falls under the scope of their official duties. Because of the supremacy clause, the SF District Attorney doesn't have any jurisdiction to investigate that conduct. If he believes a crime has occurred, he would need to refer the matter to federal prosecutors and the relevant agency's Office of the Inspector General, and I don't think they share his belief that rigorous enforcement of immigration law constitutes a federal crime. Like, let's put aside the impossibility of SFPD actually arresting ICE agents for official acts, how would he even propose conducting such an investigation in the first place? Does he think ICE agents will sit for an interview with his investigators? Does he think that a judge will sign a search warrant for the immigration office on Sansome?

Also, CBP has like 20,000 uniformed agents, so 243 of them being arrested per year for all offenses isn't exactly staggering. It's not great, it's definitely more than some other federal law enforcement agencies, but I'd be curious how it compares to, say, the LA County Sheriff's Office, or the SFPD itself.

Doc Hawkins posted:

I don't understand the hair you're attempting to split. It is possible to break state laws in the intended service of some federal mission. Immigration agents do that, and are sometimes been arrested for it, and sometimes not. Why are you trying to defend an inconsistency in the application of the law?

I am not a lawyer, but of course Chesa is, and as someone running a city-level grassroots political campaign, he's very easy to run into and ask questions of. It all seems like putting the cart before the horse to me, but you're welcome to ask him for details.

From the site:

quote:

Investigate and prosecute crimes committed by ICE agents.

It is no secret that many ICE agents have used illegal tactics in San Francisco to wage Trump’s war on immigrants: They have conducted warrantless raids, violating important constitutional protections that apply to non-citizens and citizens alike; they have used racial profiling and excessive force; they have deceptively posed as local law enforcement officials to try to garner trust from residents; and they have illegally obtained confidential documents to spy on and detain targeted immigrants.

Nobody is above the law. That’s why the Immigration Unit will investigate these abuses, and when ICE agents break California law and endanger our communities, they will be prosecuted.

I contacted them using the contact form (I hate contact forms). I told them some people were excited about the campaign, but were having a discussion and I asked about how they mention in the quote above going after ICE for violating constitutional protections and the like (probably federal stuff), while also mentioning at the end that they'd go after them over breaking California law. I talked about how the Supremacy clause seems to cause issues with these attempts, and I asked if they perhaps had some cases they wanted to cite, or talk a bit more about how they were going to go about doing this (but I didn't need a legal brief or anything, just a better idea on how this would work). This is the response I received.

quote:

Dear BeAuMaN,

Thanks for reaching out and glad that your friends are excited about our campaign. Of course the supremacy clause means that federal law trumps state law but only when they conflict - the supremacy clause does not give federal agents authority to violate local criminal laws. So, for example, if ICE agents unlawfully arrest immigrants in San Francisco (and BTW ICE agents make unlawful arrests all the time - Chesa successfully sued ICE for unlawful arrests when he was in law school) then criminal charges may be appropriate. Depending on the details of the unlawful arrest:
Penal Code section 236 (false imprisonment)
Penal Code section 273a (child endangerment)
Penal Code section 148 (obstruction of justice)

and so on. It will all depend on the details and any lawful action by ICE agents will not be prosecuted. Hope that helps,

Thanks,

Kaylah Williams
Campaign Manager
415-723-5095

Not as thorough as I'd like, but that's their answer. You can contact them for more info and in this case I received a response within a day and a half, which is fairly quick.

Doc Hawkins
Jun 15, 2010

Dashing? But I'm not even moving!


Kaylah is very busy.

Go to almost any campaign event (sign up on the website to hear about them) and you can ask Chesa himself. Or just go to democratic club meetings, labor actions...I see the guy everywhere.

BeAuMaN
Feb 18, 2014

I'M A LEAD FARMER, MOTHERFUCKER!

Yeah I understand that. I just thought I'd post the response I received. I'm not in Chesa's area, but the question on prosecuting ICE agents and the Supremacy Clause is interesting, so I thought it was worth asking the campaign at least.

Happy Thread
Jul 10, 2005

by Fluffdaddy
Plaster Town Cop

Megaman's Jockstrap posted:

LMAO you seduced your landlord for free rent? Nice work.

(I'm kidding!)

praxis

Cup Runneth Over
Aug 8, 2009

She said life's
Too short to worry
Life's too long to wait
It's too short
Not to love everybody
Life's too long to hate


gently caress landlords, after all

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incoherent
Apr 24, 2004

01010100011010000111001
00110100101101100011011
000110010101110010
SoCal public transit talk: The price for the valley to have nice things is in, and they expensive.

https://laist.com/2019/07/24/la_metro_sepulveda_corridor_project_updates.php

quote:

Speaking to reporters Tuesday, Metro project managers said the new estimated price tag to build the rail line through the Sepulveda Pass was anywhere from $9.4 to $13.8 :popeye: billion. The final cost depends on which route and mode-of-travel option is eventually decided on.

Still pushing this monorail nonsense when the answer was and is, subway.

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